Bermudez

MEMORANDUM OPINION AND ORDER

In United States v. Bermudez, 742 F.Supp. 556 (C.D.Cal.1990) (Bermudez I), the Court held that defendant’s enhanced sentence under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924 (e), was an illegal sentence. The ruling was based on then-binding circuit law that “burglary” under the ACCA was limited to common law burglary. See United States v. Chatman, 869 F.2d 525 (9th Cir.1989).

Subsequent to Bermudez I, the government moved to stay resentencing on the ground that the Supreme Court had granted certiorari in Taylor v. United States, — U.S. -, 110 S.Ct. 231 , 107 L.Ed.2d 183 (1989), on the issue of the meaning of “burglary” under the ACCA. That motion was granted and resentencing was deferred. Taylor v. United States, — U.S. -, 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990), has now been decided and the parties have submitted further briefing on the issues raised by Taylor.

Defendant was convicted of being a felon in possession of a firearm under the ACCA, 18 U.S.C. § 922 (g). He had previously been convicted of burglary three times. Under the ACCA’s sentence enhancement provisions, those three prior convictions subjected defendant to a mandatory…