United States v. Donnie Roy O'Neal

46 F.3d 1148 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Donnie Roy O'NEAL, Defendant-Appellant. No. 93-16878. United States Court of Appeals, Ninth Circuit. Submitted: Dec. 12, 1994. * Decided: Jan. 12, 1995. Before: TANG, SCHROEDER, and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Appellant was convicted of being a felon in possession of a firearm and sentenced to 360 months in prison. We affirmed the conviction in a prior appeal, United States v. O'Neal, 937 F.2d 1369 (9th Cir. 1990) (O'Neal I). O'Neal was sentenced pursuant to the Armed Career Criminal Act, 18 U.S.C. Sec. 924 (e) (1988), which is his case would have authorized a guideline maximum of 15 years. He was also sentenced as a "career offender" pursuant to U.S.S.G. Sec. 4B1.1 which, if applicable, would have yielded a sentence of 360 months to life. 3 This is an appeal from a petition pursuant to 28 U.S.C. Sec. 2255 , in which O'Neal argues that he was…