United States v. Ronald Dale Dies

61 F.3d 913 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ronald Dale DIES, Defendant-Appellant. No. 94-10420. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 15, 1995. Decided July 24, 1995. Before: HUG, ALARCON, and TROTT, Circuit Judges. ORDER 1 Ronald Dies, a convicted felon, challenges the use of two 1971 convictions as "violent felonies" under the Armed Career Criminal Act, 18 U.S.C. Sec. 924 (e), to enhance the sentence he received for violating 18 U.S.C. Sec. 922 (g)(1). We have jurisdiction under 28 U.S.C. Sec. 1291 , and we vacate Dies's sentence and remand for clarification and resentencing. 2 First, we remand to the district court so that it may order the Government to produce either the actual judgments or some other form of clearly reliable evidence of the convictions upon which it relied to request enhancement of Dies's sentence under section 924(e). Due to the severity of the…