UNITED STATES of America, Plaintiff-Appellee, v. Danny Lynn QUALLS, Defendant-Appellant

Opinion by Judge CYNTHIA HOLCOMB HALL; Partial concurrence and Partial dissent by Judge MICHAEL DALY HAWKINS.

CYNTHIA HOLCOMB HALL, Circuit Judge:

In United States v. Qualls, — U.S. -, 119 S.Ct. 398, 142 L.Ed.2d 323 (1998), the Supreme Court vacated our en banc opinion in this case, and remanded it to us for reconsideration in light of Caron v. United States, 524 U.S. 308, 118 S.Ct. 2007, 141 L.Ed.2d 303 (1998). After careful reconsideration, we affirm Qualls’ conviction.

BACKGROUND

In 1975, Danny Lynn Qualls (“Qualls”) pled guilty to assault with a deadly weapon in violation of California Penal…