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U.S. v. ANDERSON

No. 90-1620.

921 F.2d 335 (1990)

UNITED STATES of America, Appellant, v. James Dean ANDERSON, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 13, 1990.

Attorney(s) appearing for the Case

Douglas Cannon, Asst. U.S. Atty., with whom Jeffrey R. Howard, U.S. Atty., Concord, N.H., was on brief, for U.S.

John Burwell Garvey, with whom Sulloway Hollis & Soden, Concord, N.H., was on brief, for defendant, appellee.

Before BREYER, Chief Judge, SELYA, Circuit Judge, and PETTINE, Senior District Judge.

SELYA, Circuit Judge.

The government seeks to persuade us that the district court erred in refusing to sentence defendant-appellee James Dean Anderson under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e) (1988). We are convinced and therefore vacate appellee's sentence.

BACKGROUND

Anderson and a codefendant, Cox, were the subjects of a five count indictment preferred by a federal grand jury in New Hampshire. Anderson was charged with...

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