Lowry

MEMORANDUM **

Bruce Foy Lowry appeals his conviction for possession of ammunition in violation of 18 U.S.C. § 922 (g)(1) and the district court’s finding that he was subject to a mandatory minimum sentence of fifteen years under the Armed Career Criminal Act (ACCA) as provided in 18 U.S.C. § 924 (e)(1). We affirm the district court’s evidentiary and ACCA findings, but issue a limited remand pursuant to United States v. Ameline, 409 F.3d 1073, 1074 (9th Cir.2005).

1. Lowry contends that the district court erred in admitting his taped phone conversation. The district court’s evidentiary rulings are reviewed for abuse of discretion. See United States v. Murillo, 255 F.3d 1169, 1174 (9th Cir.2001).

Lowry’s evidentiary argument is that the tape recorded statements were hearsay and were too ambiguous to be considered statements against penal interest falling within the exception to hearsay provided by Federal Rule of Evidence 804(b)(3). The district court, however, admitted the tape recording not as a statement against penal interest but as an admission of a party opponent. Such an admission is, by definition, not hearsay. See United States v. Kenny, 645 F.2d 1323, 1339 (9th…