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U.S. v. BOYCE

No. 10-1886.

633 F.3d 708 (2011)

UNITED STATES of America, Plaintiff-Appellant, v. James E. BOYCE, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 28, 2011.

Attorney(s) appearing for the Case

D. John Sauer , AUSA, argued, Michael A. Reilly , AUSA, on the brief, St. Louis, MO, for appellant.

Janis C. Good , AFPD, argued, St. Louis, MO, for appellee.

Before MURPHY, HANSEN, and MELLOY, Circuit Judges.

MURPHY, Circuit Judge.

James Boyce pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). The district court declined to enhance Boyce's sentence under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), after concluding that his prior conviction for possession of a weapon in a correctional facility did not qualify as a violent felony. Boyce was sentenced to 37 months imprisonment. The government appeals the court...

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