United States v. Earthy D. Daniels, Jr.

86 F.3d 1164 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Earthy D. DANIELS, Jr., Defendant-Appellant. No. 95-50044. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 10, 1996. Decided June 3, 1996. 1 Before: HAWKINS and GOODWIN, Circuit Judges, and MARQUEZ, District Judge. 1 MEMORANDUM 2 BACKGROUND 2 Police stopped Appellant Daniels in a high crime area for suspicious conduct. Daniels had a gun. The State of California charged Daniels with being a felon in possession of a firearm. He pled guilty and the state sentenced him to 16 months in prison. Thereafter, the California parole office referred the case to the United States Attorney's Office because Daniels fit the criteria for a career offender under the Armed Career Criminal Act (ACCA). Initially, the Government declined prosecution pursuant to the Petite 3 policy which generally prohibits dual or successive federal prosecution, unless there is…