Baron

MEMORANDUM **

Jorge Baron appeals the district court’s application of the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924 (e), in sentencing Baron following his jury conviction on two counts of possession of a firearm by a prohibited person. Baron also appeals the district court’s imposition of a $100,000 fine.

We review de novo whether a prior conviction may be used to enhance a sentence under the ACCA. United States v. Phillips, 149 F.3d 1026, 1031 (9th Cir.1998). “A district court’s determination that a defendant has the ability to pay a fine is a finding of fact reviewed for clear error.” United States v. Rearden, 349 F.3d 608, 617 (9th Cir.2003).

Under the ACCA, a defendant convicted as a felon-in-possession will have his sentence enhanced if he has three prior convictions for violent felonies or serious drug offenses that were “committed on occasions different from one another.” 18 U.S.C. § 924 (e). Baron contends that the alleged predicate offenses — drug sales— were not “temporally distinct” because they occurred within days of each other and the sales were to the same individual.

Baroii’s argument fails under Phillips . In Phillips , we held that the “ ‘rule [is…