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U.S. v. CUNNINGHAM

No. 88-3046.

878 F.2d 311 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Randall Gene CUNNINGHAM, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 27, 1989.

Attorney(s) appearing for the Case

David K. Allen, Portland, Or., for defendant-appellant.

Stephen F. Peifer, Asst. U.S. Atty., Portland, Or., for plaintiff-appellee.

Before TANG and SKOPIL, Circuit Judges, and McKIBBEN, District Judge.

TANG, Circuit Judge:

Randall Gene Cunningham (Cunningham) appeals the district court's use of his Oregon second-degree felony burglary conviction for statutory sentence enhancement under the Armed Career Criminal Act (the Act), 18 U.S.C. § 924. We reverse under the authority of United States v. Chatman, 869 F.2d 525 (9th Cir.1989) and remand for resentencing.

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