United States v. Michael Thomas Summers

978 F.2d 717 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Thomas SUMMERS, Defendant-Appellant. No. 92-30075. United States Court of Appeals, Ninth Circuit. Submitted Oct. 22, 1992. * Decided Oct. 27, 1992. Before BEEZER, CYNTHIA HOLCOMB HALL and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Michael Thomas Summers appeals his sentence imposed following entry of a guilty plea to being a felon in possession of a weapon in violation of 18 U.S.C. § 922 (g)(1). Summers contends the district court erred by enhancing his sentence under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924 (e)(1), based on four burglaries which occurred within a brief period of time. Summers also contends that the sentencing enhancement violated the double jeopardy clause because he had previously served his sentences on the predicate offenses used for enhancement. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 *…