United States v. Michael Lee Haney

980 F.2d 739 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Lee HANEY, Defendant-Appellant. No. 92-30123. United States Court of Appeals, Ninth Circuit. Submitted Nov. 23, 1992. * Decided Dec. 1, 1992. Before SCHROEDER, FLETCHER and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Michael Haney appeals his sentence under the United States Sentencing Guidelines, following a conditional guilty plea, for being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922 (g) and 924(e). Haney contends that the district court erred by enhancing his sentence under the Armed Career Criminal Act (ACCA) because (1) his due process rights were violated when his case was referred for federal rather than state prosecution and (2) his three prior convictions were consolidated for sentencing. We have jurisdiction under 28 U.S.C. § 1291 . We dismiss in part and affirm in part. 3 * Federal Prosecution 4 Haney,…