United States v. Rayford Terrell

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 08-10560 Plaintiff-Appellee, D.C. No. v.  2:05-CR-00923-

RAYFORD L. TERRELL, FJM-

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the District of Arizona Frederick J. Martone, District Judge, Presiding

Argued and Submitted December 7, 2009—San Francisco, California

Filed February 2, 2010

Before: A. Wallace Tashima, Susan P. Graber and Jay S. Bybee, Circuit Judges.

Opinion by Judge Bybee Daniel R. Drake, Drake Law, PLC, Phoenix, Arizona, for the defendant-appellant.

Karla Hotis Delord, Assistant U.S. Attorney, Phoenix, Ari- zona, for the plaintiff-appellee.

OPINION

BYBEE, Circuit Judge:

Defendant-Appellant Rayford L. Terrell was convicted of one count of being a felon in possession of a firearm in viola- tion of 18 U.S.C. § 922(g)(1). The district court enhanced Terrell’s sentence under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. §§ 921-31, which raises the mandatory minimum sentence for convicted felons in possession of a firearm who have “three…