United States v. Michael Eugene Harkey

ORDER

In our opinion filed December 4, 1989, cited at 890 F.2d 1082, we affirmed the sentence given by the district court, holding that a conviction under Washington’s second degree burglary statute could not serve as a basis for sentence enhancement. The district judge had relied on prior Ninth Circuit authority in United States v. Chatman, 869 F.2d 525 (9th Cir.1989) and United States v. Cunningham, 878 F.2d 311 (9th Cir.1989).

The government petitioned for rehearing, suggesting that further action be withheld pending the decision by the Supreme Court in Taylor v. United States. Our order of…