United States v. Michael David Powell

967 F.2d 595 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Michael David POWELL, Defendant-Appellant. No. 91-30203. United States Court of Appeals, Ninth Circuit. Argued May 7, 1992. Decided June 11, 1992. 1 Before WALLACE, Chief Judge, GOODWIN, Circuit Judge, and LEVI, District Judge. * 2 MEMORANDUM ** 3 Appellant Michael David Powell challenges the district court's refusal to sentence him to less than the statutory fifteen year minimum for armed career criminals, and its determination that he had the three convictions required for sentencing under the Armed Career Criminal Act ("ACCA"). We reject his arguments on these issues and affirm the district court. 4 I. Standard of Review. 5 We review de novo the district court's interpretation and application of the ACCA. United States v. O'Neal, 937 F.2d 1369, 1371 (9th Cir.1991). The factual determinations of the district court are reviewed for clear error. 18 U.S.C. §…