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U.S. v. SMITH

No. 03-30533.

390 F.3d 661 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy Dean SMITH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 3, 2004.

Attorney(s) appearing for the Case

Craig E. Weinerman, Assistant Federal Public Defender, Eugene, Oregon, for the defendant-appellant.

Frank R. Papagni, Jr., Assistant United States Attorney, Eugene, Oregon, for the plaintiff-appellee.

Before: WALLACE, GOULD and BEA, Circuit Judges.

WALLACE, Senior Circuit Judge.

Smith appeals from his sentence because of the enhancement imposed by the district court pursuant to the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e). He contends the district court improperly relied on statements made at a no contest plea hearing in concluding that an earlier state burglary conviction qualifies as a "violent felony" for purposes of the ACCA. In addition, Smith asserts that the district court engaged in...

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