Court of Appeals for the Ninth Circuit May 15, 2007, No. 05-30602 (United States v. Thomas)

MEMORANDUM *

Appellant Jerry Wayne Thomas challenges the enhancement of his sentence under the Armed Career Criminal Act (“ACCA”). Thomas argues that his prior conviction for third-degree rape under Washington Revised Code § 9A.44.060(l)(a) does not qualify as a predicate “violent felony” under the ACCA, 18 U.S.C. § 924(e)(2)(B)(ii).