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U.S. v. STEWART

Nos. 91-2043, 92-1003.

977 F.2d 81 (1992)

UNITED STATES of America, Appellee/Cross-Appellant, v. Stanley Charles STEWART, Appellant/Cross-Appellee.

United States Court of Appeals, Third Circuit.

Decided October 9, 1992.

Sur Petition for Rehearing November 4, 1992.

Attorney(s) appearing for the Case

Claire J. Rauscher (argued), Asst. Defender, Elaine DeMasse, Sr. Appellate Counsel, Maureen Kearney Rowley, Chief Federal Defender, Defender Ass'n of Philadelphia, Federal Court Div., Philadelphia, Pa., for appellant/cross-appellee Stanley Charles Stewart.

Ann Campbell Flannery (argued), Asst. U.S. Atty., Michael M. Baylson, U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Philadelphia, Pa., for appellee/cross-appellant U.S.

Before: HUTCHINSON, COWEN, and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this appeal the prosecution contends that the defendant's sentence should have been enhanced under the terms of the Career Criminals Act, 18 U.S.C. § 924(e)(1). The district court held that some of the predicate convictions were flawed and could not be used to justify the mandatory minimum sentence. We conclude that three of the convictions were valid and require that we remand for resentencing.

Defendant...

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