United States v. Ricky Dewayne Lewis

Ricky Dewayne Lewis appeals his mandatory minimum 180-month sentence imposed pursuant to the Armed Career Criminal Act, 18 U.S.C. § 924 (e) (1988). Lewis contends that he should not be designated an armed career criminal. Lewis also argues that the district court erroneously held that his prior felony convictions were constitutionally valid, and that the district court erred in refusing to grant a continuance. We have jurisdiction under 28 U.S.C. § 1291 (1988) and 18 U.S.C. § 3742 (1988), and we affirm.

A. Armed Career Criminal Status

Lewis contends he lacks the three prior felony convictions necessary to qualify him as an armed career criminal under 18 U.S.C. § 924 (e). He argues that his prior California convictions in Case No. A199844 for three counts of robbery, two counts of assault with intent to commit rape, and one count of rape should be considered just one prior conviction because these convictions were entered on one date and resulted in one sentence.

Lewis’s argument is foreclosed by our holding in United States v. Arnold, 981 F.2d 1121 (9th Cir.1992). In Arnold , we held that for the purposes of armed career criminal sentence enhancement, our decision in United…