UNITED STATES v. DAVIS

No. 86-1036.

801 F.2d 754 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Ronald Lewis DAVIS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 7, 1986.


Attorney(s) appearing for the Case

James A. Johnston, Dallas, Tex. (Court-appointed), for Ronald Lewis Davis.

Karen Skrivseth, Atty., U.S. Dept. of Justice, Crim. Div., Appellate Section, Washington, D.C., Marvin Collins, U.S. Atty., Harry Koch, Asst. U.S. Atty., Dallas, Tex., for the U.S.

Before RUBIN and GARWOOD, Circuit Judges, and SHAW, District Judge.


ALVIN B. RUBIN, Circuit Judge:

A defendant, indicted only for illegal possession of a firearm, was sentenced to serve 25 years under the Armed Career Criminal Act of 1984. Because that Act is not merely a sentence-enhancement provision but creates a new offense, for which the defendant was not indicted, we vacate the sentence. In addition, we uphold the constitutionality of the Act against the charge that, because it fixes...

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