United States v. Ronald Dale Dies

97 F.3d 1461 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. 96-10048. United States Court of Appeals, Ninth Circuit. Submitted Sept. 3, 1996. * Decided Sept. 13, 1996. Before: HUG, Chief Judge, ALARCON and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Ronald Dale Dies appeals his sentence enhancement under the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924 (e), which applies to defendants who have been convicted of three violent felonies and who have subsequently been convicted of being a felon in possession of a firearm. Dies concedes that he has two prior convictions for violent felonies but claims that the third felony conviction relied upon by the district court in sentencing him was not a "violent felony" for purposes of the ACCA; thus, his sentence should not have been enhanced. This appeal was originally heard by this panel on June 15, 1995, and vacated and remanded on…