United States v. Davidson
United States v. Davidson
Opinion of the Court
MEMORANDUM
Appellant Matthew C. Davidson appeals his conviction and the district court’s deci
The district court did not abuse its discretion in allowing the government to introduce Davidson’s 1991 burglary conviction and one of his four 1983 burglary convictions.
It was an abuse of discretion, however, for the district court to allow the government to introduce more than one of Davidson’s 1983 convictions. The 1983 convictions were not distinguishable from each other in a meaningful way because the same court recorded them in the same judgment on the same day. See id. (finding convictions indistinguishable because they were “produced on the same date, in the same ... court, for the same crime”). Nonetheless, the introduction of the four convictions was harmless error because “it is more probable than not that” they “did not materially affect the verdict.” United States v. Seschillie, 310 F.3d 1208, 1214 (9th Cir. 2002) (quoting United States v. Morales, 108 F.3d 1031, 1040 (9th Cir. 1997)). The government mentioned the four-count judgment only once during the trial, and the jury’s copy of the judgment excluded the number of counts. The government also presented overwhelming evidence that Davidson committed the charged crimes. See United States v. Alviso, 152 F.3d 1195, 1199 (9th Cir. 1998). Thus, the district court did not commit reversible error in admitting any of Davidson’s prior convictions.
The district court also did not err in finding that Davidson’s 1983 burglary convictions qualify as crimes of violence under the ACCA, 18 U.S.C. § 924(e)(2).
Finally, the district court did not commit plain error in deciding without submission to the jury that Davidson’s prior convictions were violent felonies under the ACCA.
We therefore AFFIRM Davidson’s conviction and sentence.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
. We review for abuse of discretion the district court’s admission of evidence. United States v. Danielson, 325 F.3d 1054, 1075 (9th Cir. 2003).
. We review de novo the district court’s findings that Davidson's crimes qualify as crimes of violence. United States v. Potter, 895 F.2d 1231, 1235 (9th Cir. 1990).
. He admitted to entering "the residence of Nathan A. Melton, at Rt 1, Box 205, Amboy, Clark County, WA.,” "the residence of Richard McKee at Rt 1, Box 241, Amboy, Clark County, WA.,” and "the residence of Vigirl Wallace at Rt 1, Box 547, Amboy, Clark County, WA.”
. We review Davidson’s Booker claim for plain error because he did not object to the district court’s making the determination whether his convictions were violent felonies. See United States v. Ameline, 409 F.3d 1073, 1078 (9th Cir. 2005) (enbanc).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.