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U.S. v. PATTERSON

No. 88-1497.

882 F.2d 595 (1989)

UNITED STATES of America, Appellant, v. John W. PATTERSON, Jr., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 23, 1989.

As Amended August 25, 1989.

Attorney(s) appearing for the Case

Cerise Lim-Epstein, Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., Boston, Mass., was on brief for appellant.

James S. Dilday, with whom Grayer, Brown & Dilday and Elizabeth D. Shackford, Boston, Mass., were on brief for defendant, appellee.

Before CAMPBELL, Chief Judge, BOWNES, and TORRUELLA, Circuit Judges.

ON PETITION FOR REHEARING AND PETITION FOR WRIT OF MANDAMUS

BOWNES, Circuit Judge.

The government appealed from the district court's determination that the prior convictions of defendant, John W. Patterson, Jr., for breaking and entering under Mass.Gen.L. ch. 266, §§ 16, 18 did not qualify as predicate offenses for sentence enhancement pursuant to the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e). After we issued an opinion reversing...

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