U.S. v. RUSH

No. 86-1811.

840 F.2d 580 (1988)

UNITED STATES of America, Appellee, v. Leroy RUSH a/k/a James Johnson, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 25, 1988.


Attorney(s) appearing for the Case

James Delworth, Asst. Federal Public Defender, St. Louis, Mo., for appellant.

Thomas E. Dittmeier, U.S. Atty., St. Louis, Mo., for appellee.

Before McMILLIAN, JOHN R. GIBSON and MAGILL, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

Leroy Rush appeals from his conviction of possession of a firearm by a convicted felon, 18 U.S.C. App. § 1202(a) (1982 and Supp. III 1985) (repealed 1986) and his sentencing by the district court1 to fifteen years without parole. Rush first argues that the question of whether he had three prior convictions so as to require a fifteen year sentence under the Armed Career Criminal Act of 1984

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