United States v. Mark Roy Arnold
Opinion
Opinion
Goodwin, J.
Mark Roy Arnold appeals a 15-year sentence imposed after he pled guilty to being an ex-convict in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). We affirm.
Arnold’s first assignment of error challenges the number of prior convictions considered by the district court in finding him qualified for sentencing under the Armed Career Criminal Act, 18 U.S.C. § 924 (e). Arnold was convicted of five burglaries, all of which were committed at different times and against different victims. He committed two burglaries on July 7, 1986. While on release prior to sentencing after his guilty plea, Arnold committed additional burglaries on July 10, August 28, and September 12, 1987. He was sentenced for the two 1986 burglaries on October 13, 1987, and for the three 1987 burglaries on October 23, 1987. The district court held that the five discrete crimes more than satisfied the Armed Career Criminal Act requirement of at least three predicate offenses “committed on occasions different from one another.” The court correctly relied upon United States v. Antonie, 953 F.2d 496, 498-499 (9th Cir.1991), cert. denied, — U.S. -, 113 S.Ct. 138 , 121 L.Ed.2d 91 (1992).