United States v. Randall Gene Cunningham

This matter returns to us following an order from the United States Supreme Court. See United States v. Cunningham, — U.S. -, 110 S.Ct. 2580 , 110 L.Ed.2d 261 (1990). The Court vacated our prior opinion, United States v. Cunningham, 878 F.2d 311 (9th Cir.1989), and remanded for our further consideration in light of Taylor v. United States, — U.S. -, 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990). In our prior opinion we reversed the district court’s imposition of an enhanced criminal sentence under the Armed Career Criminal Act, 18 U.S.C. § 924 (1988). Cunningham, 878 F.2d at 312 . In light of Taylor , we must now affirm that sentence.

Randall Cunningham was indicted on one count of being a felon in illegal possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). The government sought an enhanced sentence, charging that Cunningham had three prior felony convictions. Under the Armed Career Criminal Act, an individual who transports a firearm in interstate commerce and has three previous convictions for a violent felony or a serious drug offense “shall be fined not more than $25,000 and imprisoned not less than fifteen years.” 18 U.S.C. § 924 (e)(1). Cunningham argued to the…