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US v. Gammage, No. 08-3819

By FindLaw Staff on August 28, 2009 3:08 PM

District court's sentencing of a defendant to 180 months' imprisonment, convicted of knowingly possessing a firearm after having been convicted of a misdemeanor crime, is reversed and remanded where the court erred in determining that defendant was an armed career criminal, as the government failed to prove up defendant's convictions before he would be subject to the enhancement issue. Accordingly, district court is directed to resentence defendant based on the record already before it. 

Read US v. Gammage, No. 08-3819

Appellate Information

Submitted: June 9, 2009

Filed: August 28, 2009

Judges

Opinion by Arnold, Circuit Judge

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