United States v. Jonathan McGinley

988 F.2d 124 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jonathan McGINLEY, Defendant-Appellant. No. 92-30043. United States Court of Appeals, Ninth Circuit. Submitted March 3, 1993. * Decided March 9, 1993. 1 Appeal from the United States District Court for the District of Oregon; No. CR-91-60012-01-WAI, William A. Ingram, District Judge, Presiding. 2 D.Or. 3 AFFIRMED. 4 Before TANG, POOLE and RYMER, Circuit Judges 5 MEMORANDUM ** 6 Jonathan McGinley appeals his sentence pursuant to the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924 (e)(1), on the grounds that the district court erred in finding that he had three previous convictions for a "violent felony," and that U.S.S.G. § 4B1.4 was the proper guideline to apply even though it was enacted after McGinley's offense was committed. We affirm. 7 * McGinley argues that he has only two of the three convictions for a violent felony required for sentencing under…