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U.S. v. KALUNA

No. 96-10527.

192 F.3d 1188 (1999)

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

United States Court of Appeals, Ninth Circuit.

Decided August 3, 1998.

Rehearing Granted and Opinion Withdrawn December 4, 1998

Argued and Submitted March 25, 1999.

Filed September 30, 1999.

Attorney(s) appearing for the Case

Alexander Silvert, First Assistant Federal Defender, Honolulu, Hawaii, for the defendant-appellant.

David S. Kris, United States Department of Justice, Washington, D.C., for the plaintiff-appellee.

Before: HUG, Chief Judge, and BROWNING, SCHROEDER, PREGERSON, RYMER, KLEINFELD, TASHIMA, THOMAS, GRABER, McKEOWN, and WARDLAW, Circuit Judges.

Rehearing En Banc Granted and Opinion Withdrawn December 4, 1998

Opinion by Judge GRABER; Dissent by Judge THOMAS

GRABER, Circuit Judge:

In this case of first impression for the Ninth Circuit, we reject several constitutional challenges to the federal "three-strikes law," 18 U.S.C. § 3559(c). We therefore affirm the sentence of life imprisonment that the district court imposed.

FACTUAL AND PROCEDURAL BACKGROUND

For present purposes...

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