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U.S. v. HARKEY

No. 89-30057.

890 F.2d 1082 (1989)

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

United States Court of Appeals, Ninth Circuit.

Decided December 4, 1989.

Attorney(s) appearing for the Case

Andrew Levchuk, Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Ephraim Margolin, San Francisco, Cal., for defendant-appellee.

Before WRIGHT, TANG and FERNANDEZ, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

We consider whether the district court properly refused to sentence Michael Eugene Harkey under 18 U.S.C. § 924(e)(1), the Armed Career Criminal Act (ACCA). We affirm.

FACTS AND PROCEDURAL BACKGROUND

Harkey was found guilty by a jury of being a felon illegally possessing a firearm, a violation of 18 U.S.C. § 922(g)(1). The government urged the court to enhance his sentence under the ACCA, arguing...

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