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

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(l)(a)(iii). Kaneakua appeals, contending that the court erred in imposing sentence under the Hawaii Repeat Offender Statute and should have instead sentenced him under the federal sentencing guidelines. We affirm.

On March 23,…