Crim. No. 86-287.

659 F.Supp. 73 (1987)

UNITED STATES of America v. Calvin GANTT.

United States District Court, W.D. Pennsylvania.

March 9, 1987.

Attorney(s) appearing for the Case

Charles A. DeMonaco, Asst. U.S. Atty., Pittsburgh, Pa., for plaintiff.

David G. Rothey, Asst. Federal Public Defender, Pittsburgh, Pa., for defendant.


DIAMOND, District Judge.

Before us is defendant's motion to dismiss the indictment for failure to aver three legal convictions. Specifically, defendant claims that one of the predicate convictions to the present prosecution was obtained without the benefit of defense counsel; hence, it cannot be used to enhance a sentence or support a conviction under the Armed Career Criminal Act of 1984, 18 U.S.C. Appendix II § 1202(a) (the "ACCA...

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