U.S. v. SHERBONDY

No. 87-5148.

865 F.2d 996 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Kevin J. SHERBONDY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 15, 1988.


Attorney(s) appearing for the Case

Barry A. Bisson, Huntington Beach, Cal., for defendant-appellant.

Kendra S. McNally, Leslie A. Swain, Asst. U.S. Attys., Los Angeles, Cal., for plaintiff-appellee.

Dennis P. Riordan, Riordan & Rosenthal, San Francisco, Cal., for amicus curiae California Attys. for Criminal Justice.

Ephraim Margolin, San Francisco, Cal., for amicus curiae Nat. Ass'n of Criminal Defense Lawyers.

Before NELSON, REINHARDT and O'SCANNLAIN, Circuit Judges.


REINHARDT, Circuit Judge:

INTRODUCTION

Defendant Kevin J. Sherbondy appeals his conviction under 18 U.S.C. § 922(g)(1) for possession of a firearm by a felon, as well as his sentence under 18 U.S.C. § 924(e), which mandates a 15-year minimum prison term for persons who violate section 922(g)(1) and who have three prior convictions for "violent felonies." We affirm Sherbondy's conviction, but reverse his mandatory sentence because his prior offense...

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