United States v. Dennis Michael Varnado

999 F.2d 546 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Dennis Michael VARNADO, Defendant-Appellant. No. 92-30400. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1993. * Decided July 6, 1993. Before: CANBY, FERNANDEZ, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Dennis Michael Varnado appeals his 180-month sentence imposed following remand from this court for resentencing for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). Relying on the Supreme Court's decision in Taylor v. United States, 495 U.S. 575 (1990) (holding that first-degree burglary is a violent felony for the purposes of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924 (e)), the government successfully appealed Varnado's original 71-month sentence. Varnado contends that the district court should not have retroactively applied Taylor to enhance his sentence under the ACCA. We have…