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U.S. v. GIBBS

No. 10-4294.

656 F.3d 180 (2011)

UNITED STATES of America, Appellant v. Leonard GIBBS.

United States Court of Appeals, Third Circuit.

Filed: August 29, 2011.

Attorney(s) appearing for the Case

Kevin R. Gingras (Argued), United States Department of Justice, Appellate Section, Washington, DC, Keith M. Rosen , Office of United States Attorney, Wilmington, DE, for Appellant.

Daniel I. Siegel (Argued), Office of Federal Public Defender, Wilmington, DE, for Appellee.

Before: SLOVITER, FUENTES and FISHER, Circuit Judges.

OPINION OF THE COURT

FISHER, Circuit Judge.

The government brings this appeal challenging the District Court's ruling that a prior conviction for wearing body armor while committing a felony in violation of 11 Del. C. § 1449(a) is not a predicate offense under the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(e). We hold that the body armor conviction is an ACCA predicate offense because it involved the possession of cocaine with intent to...

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