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U.S. v. KALUNA

Nos. 96-10527.

152 F.3d 1069 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Bryan K. KALUNA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 3, 1998.

Attorney(s) appearing for the Case

Alexander Silvert (argued), First Assistant Federal Public Defender, Honolulu, Hawaii, for defendant-appellant.

Larry L. Butrick (argued), Assistant United States Attorney, Honolulu, Hawaii, for plaintiff-appellee.

Before: REINHARDT, LEAVY, and THOMAS, Circuit Judges.

Opinion by Judge REINHARDT; Concurrence by Judge THOMAS; Dissent by Judge LEAVY.

REINHARDT, Circuit Judge:

This case raises a number of important constitutional questions regarding the recently-enacted federal "three strikes" law, 18 U.S.C. § 3559(c) (1994).

Bryan K. Kaluna was convicted of bank robbery and conspiracy to commit bank robbery in violation of 18 U.S.C. § 2113(a) and 18 U.S.C. § 371.1 Because...

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