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U.S. v. AFFLECK

No. 88-1241 Summary Calendar.

861 F.2d 97 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. George Marcus AFFLECK, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 17, 1988.

Attorney(s) appearing for the Case

John H. Hagler, Dallas, Tex., (court-appointed), for defendant-appellant.

Randell P. Means, Asst. U.S. Atty., Marvin Collins, U.S. Atty., Ft. Worth, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, JOHNSON, and JOLLY, Circuit Judges.

CLARK, Chief Judge:

George Marcus Affleck challenges his sentence to fifteen years confinement for possession and transportation of firearms by a felon pursuant to 18 U.S.C. § 924(e)(1). Because § 924(e)(1) does not create a separate offense but is merely a sentence enhancement provision, the three previous felony convictions required by § 924(e) are not an element of the offense for which Affleck was tried. Therefore, the propriety of the three prior...

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