[T][U] United States V. Daniels

Police stopped Appellant Daniels in a high crime area for suspicious conduct. Daniels had a gun. The State of California charged Daniels with being a felon in possession of a firearm. He pled guilty and the state sentenced him to 16 months in prison. Thereafter, the California parole office referred the case to the United States Attorneys Office because Daniels fit the criteria for a career offender under the Armed Career Criminal Act (ACCA). Initially, the Government declined prosecution pursuant to the Petite*fn3 policy which generally prohibits dual or successive federal prosecution, unless there is a compelling federal interest. United States Attorneys Manual 9-2.142 (July 1, 1992). Subsequently, however, the AUSA reconsidered the case and applied for a waiver of the Petite policy.