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U.S. v. DANIELS

No. 99-55097.

195 F.3d 501 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Earthy D. DANIELS, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 21, 1999.

Attorney(s) appearing for the Case

Michael Tanaka, Deputy Federal Public Defender, Los Angeles, California, (argued); Carlton F. Gunn, Deputy Federal Public Defender, Los Angeles, California, for the defendant-appellant.

Daniel S. Goodman, Assistant United States Attorney, Los Angeles, California, for the plaintiff-appellee.

Before: O'SCANNLAIN, FERNANDEZ, and T.G. NELSON, Circuit Judges.

FERNANDEZ, Circuit Judge:

Earthy D. Daniels, Jr., appeals the denial of his 28 U.S.C. § 2255 motion in which he sought to challenge the constitutionality of two state convictions, which were used in sentencing him under the Armed Career Criminal Act, 18 U.S.C. § 924(e) (ACCA). We affirm.

BACKGROUND

Daniels was convicted of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The district court determined...

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