U.S. v. MIMS

No. 90-30104.

928 F.2d 310 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. George Lee MIMS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 14, 1991.

As Amended on Denial of Rehearing May 20, 1991.


Attorney(s) appearing for the Case

Joseph Schlesinger, Asst. Federal Public Defender, Seattle, Wash., for defendant-appellant.

Barbara J. Sievers, Asst. U.S. Atty., Seattle, Wash., for plaintiff-appellee.

Before TANG, O'SCANNLAIN and LEAVY, Circuit Judges.


TANG, Circuit Judge:

INTRODUCTION

In December 1989, Mr. Mims entered a plea of guilty to armed robbery of the Everett Mutual Savings Bank in Everett, Washington. The presentence report revealed the government's intention to request sentencing of Mims as a career offender, based on his prior felony record, under § 4B1.1 of the Sentencing Guidelines. Shortly thereafter, Mims filed a motion challenging one of the two felony convictions — a 1980...

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