United States v. Michael Eugene Harkey

985 F.2d 575 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Eugene HARKEY, Defendant-Appellant. No. 91-30397. United States Court of Appeals, Ninth Circuit. Submitted Jan. 8, 1993. * Decided Jan. 25, 1993. 1 Appeal from the United States District Court for the Eastern District of Washington; No. CR-88-244-JLQ, Justin L. Quackenbush, Chief District Judge, Presiding. 2 E.D. Wash. [APPEAL AFTER REMAND FROM, 923 F.2d 138 .] 3 AFFIRMED. 4 Before FARRIS and KLEINFELD, Circuit Judges, and EZRA, ** District Judge. 5 MEMORANDUM *** 6 Michael Harkey appeals his fifteen year mandatory minimum sentence under the Armed Career Criminal Act, 18 U.S.C. § 924 (e), following his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). He contends that the district court should not have considered four prior burglary convictions, two from 1977 and two from 1979. Because we find that the…