U.S. v. HARKEY

No. CR-88-244-S.

709 F.Supp. 977 (1989)

UNITED STATES of America, Plaintiff, v. Michael Eugene HARKEY, Defendant.

United States District Court, E.D. Washington.

March 23, 1989.


Attorney(s) appearing for the Case

Earl A. Hicks, Asst. U.S. Atty., Spokane, Wash., for plaintiff.

Robert D. McGoldrick, Spokane, Wash., for defendant.


MEMORANDUM OPINION

QUACKENBUSH, District Judge.

On January 27, 1989, this court imposed a sentence of 5 years on the defendant, based upon his having been found guilty by a jury on October 18, 1988 of being a felon in possession of a firearm. This 5-year sentence is the maximum permitted by law; however, the Government contended that the court was obligated to impose a mandatory 15-year term pursuant to 18 U.S.C. § 924(e)(1), based upon the prior burglary...

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