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U.S. v. KANEAKUA

No. 95-10412.

105 F.3d 463 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. James K. KANEAKUA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 16, 1997.

Attorney(s) appearing for the Case

Richard Ney, Federal Public Defender, and Loretta Faymonville, Assistant Federal Public Defender, Honolulu, HI, for defendant-appellant.

Steven S. Alm, United States Attorney, and Thomas J. Brady, Assistant United States Attorney, Honolulu, HI, for plaintiff-appellee.

Before: O'SCANNLAIN and LEAVY, Circuit Judges, and MOSKOWITZ, District Judge.

MOSKOWITZ, District Judge:

James K. Kaneakua was convicted under the Assimilative Crimes Act ("ACA"), 18 U.S.C. § 13, of first degree burglary and unauthorized control of an automobile on the Pearl Harbor Naval Station. The district court sentenced Kaneakua to a mandatory minimum sentence of 40 months as required by the Hawaii Repeat Offender Statute, H.R.S. § 706-606.5(1)(a)(iii). Kaneakua appeals, contending that the court erred in imposing sentence under...

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