United States v. James Scott Daly

76 F.3d 389 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James Scott DALY, Defendant-Appellant. No. 95-50002. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 15, 1995. Decided Jan. 23, 1996. Before: HALL and NOONAN, Circuit Judges, and SHUBB, * District Judge. MEMORANDUM ** James Scott Daly appeals his sentence of 359 months. Daly challenges the district court's (1) reliance on Sentencing Guideline § 4B1.4, USSG § 4B1.4, in determining his sentence, (2) refusal to order a new presentence report, and (3) use of his prior state juvenile court conviction as a qualifying prior under the Armed Career Criminal Act, 18 U.S.C. § 924 (e). We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 . I. In light of the decision in United States v. Canon, 66 F.3d 1073 (9th Cir.1995), decided after the district court's judgment was entered, we are compelled to vacate the sentence…