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U.S. v. DOE

No. 91-1008.

960 F.2d 221 (1992)

UNITED STATES, Appellee, v. Arthur L. DOE, a/k/a "Butchy", Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 30, 1992.

Attorney(s) appearing for the Case

Richard B. Klibaner, Cambridge, Mass., by Appointment of the Court, with whom Klibaner & Sabino was on brief, for defendant, appellant.

Ralph F. Boyd, Jr., Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., was on brief, for appellee.

Owen S. Walker, Federal Defender Office, on brief, for Dist. of Mass., amicus curie.

Before BREYER, Chief Judge, COFFIN, Senior Circuit Judge, and SEYLA, Circuit Judge.

BREYER, Chief Judge.

Under federal gun control law, a felon possessing a firearm who "has three previous convictions ... for violent felon[ies]" faces a mandatory minimum prison term of fifteen years. 18 U.S.C. § 924(e). This appeal asks whether the crime of being a felon in possession of a firearm, 18 U.S.C. § 922(g)(1), is itself a "violent felony" for purposes of this sentencing statute. The Eleventh and Ninth Circuits have held that it is. See United...

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