United States v. Capice Unoskie Purnell, Aka: Capice "Pewee" Purnell

972 F.2d 1346 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Capice Unoskie PURNELL, aka: Capice "Pewee" Purnell, Defendant-Appellant. No. 91-50160. United States Court of Appeals, Ninth Circuit. Submitted Aug. 20, 1992. * Decided Aug. 26, 1992. 1 Before TANG and CYNTHIA HOLCOMB HALL, Circuit Judges, and SHUBB, ** District Judge. 2 MEMORANDUM *** 3 Capice Purnell appeals his conviction and sentence for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g). Purnell argues that his sentence under the Armed Career Criminal Act, 18 U.S.C. § 924 (e) ("ACCA"), violates the Eighth Amendment 1 and that he was selectively prosecuted because of his race. We affirm. DISCUSSION I. The Eighth Amendment 4 Purnell argues that the district court's imposition of a fifteen year sentence for being a felon in possession of a firearm violates the Eighth Amendment's prohibition on cruel and unusual punishments.…