United States v. Donnie Roy O'Neal

FACTS AND PROCEEDINGS

On November 30, 1987, police chased Donnie Roy O’Neal through the streets of Clovis, California. O’Neal abandoned his car in a pasture and fled on foot. When an officer ordered him to stop, O’Neal reached for his waistband and then extended his arm in the direction of the officer. O’Neal was later arrested. A gun holster was recovered from the site where O’Neal extended his arm. Government agents also recovered a gun from close to the site of O’Neal’s arrest. The agents traced the gun to a friend of O’Neal, who said she noticed the gun missing shortly after a visit by O’Neal.

In January 1988 O’Neal was indicted for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1) (1988). The government gave notice of its intention to seek enhanced penalties pursuant to the Armed Career Criminal Act, 18 U.S.C. § 924 (e) (1988). A jury found O’Neal guilty as charged. The district court enhanced the applicable penalty to O’Neal’s offense and sentenced him to 360 months imprisonment with five years of supervised release.

O’Neal attacks the use of his prior convictions to enhance his penalty. He also mounts numerous other procedural and…