United States v. Randall Gene Cunningham

*312TANG, 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 625 (9th Cir.1989) and remand for resentencing.

FACTS AND PROCEEDINGS

Cunningham was indicted on one count of being a felon in illegal possession of a firearm in violation of 18 U.S.C. § 922(g)(1). At the time of Cunningham’s arraignment, the government filed an information alleging…