United States v. Warren James Bland
Opinion
Opinion
Canby, J.
Warren James Bland appeals his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). Bland also appeals the life sentence imposed on him under 18 U.S.C. § 924 (e)(1) for being an armed career criminal. We affirm the conviction and sentence.
BACKGROUND
This is Bland’s second appeal. Bland was arrested on February 9, 1987, pursuant to a warrant which related to the torture, molestation, and murder of a seven-year-old girl. Bland was shot in the leg when he attempted to flee from the police. After the arrest, the police searched the car in which Bland had been living and found a .22-caliber handgun sticking out of the pocket of a man’s coat. Bland was tried in March 1989 and convicted of being a felon in knowing and willful possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). We reversed and remanded for a new trial after concluding that the district court’s instruction to the jury ve-nire revealing Bland’s three outstanding arrest warrants for murder was more prejudicial than probative. United States v. Bland, 908 F.2d 471, 473 (9th Cir.1990) {“Bland I”). A superseding indictment was returned on September 27, 1988 which again…