
    UNITED STATES of America, Plaintiff-Appellee, v. Martin Elery BEAL, Defendant-Appellant.
    No. 08-30083.
    United States Court of Appeals, Ninth Circuit.
    Submitted March 18, 2009.
    
    Filed April 8, 2009.
    Frank Papagni, Assistant U.S., Office of U.S. Attorney, Eugene, OR, for Plaintiff-Appellee.
    Bryan E. Lessley, Assistant Federal Public Defender, Federal Public Defender’s Office, Eugene, OR, for Defendant-Appellant.
    Before: LEAVY, HAWKINS, and TASHIMA, Circuit Judges.
    
      
       The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Martin Elery Beal appeals the 188-month sentence imposed following his conditional guilty plea to three counts of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). He contends that the district court erred in treating his four prior convictions for first degree burglary under Or.Rev.Stat. § 164.225 as violent felonies under the Armed Career Criminal Act. This contention is foreclosed by United States v. Mayer, 560 F.3d 948, 962-63 (9th Cir.2009) (holding that first degree burglary under § 164.225 is categorically a “violent felony” under the Act’s residual clause).

AFFIRMED. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
     