FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 16-30299 Plaintiff-Appellee, D.C. No. v. 2:16-cr-00087- TOR-1 KEITH BENNETT GORDON STUDHORSE II, AKA Keith Bennett Studd, AKA Keith Bennett OPINION Studhorse, Defendant-Appellant. Appeal from the United States District Court for the Eastern District of Washington Thomas O. Rice, Chief District Judge, Presiding Submitted February 7, 2018 * Seattle, Washington Filed March 2, 2018 * The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 2 UNITED STATES V. STUDHORSE Before: MILAN D. SMITH, JR. and MARY H. MURGUIA, Circuit Judges, and EDUARDO C. ROBRENO, ** District Judge. Opinion by Judge Milan D. Smith, Jr. SUMMARY *** Criminal Law The panel affirmed (1) the district court’s denial of the defendant’s motion to dismiss a count charging him with possession of body armor by a violent felon in violation of 18 U.S.C. §§ 931(a)(1) and 924(a)(7), and (2) its interpretation and application of the Sentencing Guidelines. Section 931(a) prohibits a person from possessing body armor if he or she has been convicted of a felony that is a “crime of violence” as defined in 18 U.S.C. § 16. The panel held that attempted first degree murder under Washington law constitutes a “crime of violence” under 18 U.S.C. § 16(a) because it requires specific intent and has as an element an intentional, threatened, attempted, or actual use of force. The panel held that, for the same reasons, attempted first degree murder under Washington law is a “crime of violence” under USSG § 4B1.2(a). ** The Honorable Eduardo C. Robreno, Senior United States District Judge for the Eastern District of Pennsylvania, sitting by designation. *** This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader. UNITED STATES V. STUDHORSE 3 COUNSEL Matthew Campbell, Federal Defenders of Eastern Washington & Idaho, Spokane, Washington, for Defendant- Appellant. George J.C. Jacobs III, Assistant United States Attorney; Joseph H. Harrington, United States Attorney; United States Attorney’s Office, Spokane, Washington; or Plaintiff- Appellee. OPINION M. SMITH, Circuit Judge: Defendant-Appellant Keith Bennett Studhorse, II, appeals (1) the district court’s denial of his motion to dismiss Count 2 of the indictment, which charged him with possession of body armor by a violent felon, and (2) the district court’s interpretation and application of the United States Sentencing Guidelines. He argues that the district court erred in denying his motion to dismiss and in calculating his sentence because it improperly determined that Studhorse’s prior Washington State conviction for attempted first degree murder qualified as a “crime of violence.” We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C § 3742, and we affirm. FACTUAL AND PROCEDURAL BACKGROUND On May 17, 2016, a two-count indictment was filed against Defendant-Appellant Keith Bennett Studhorse, II, charging him in one count with a violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2) (felon in possession of a ...
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