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U.S. v. MASON

Nos. 91-5255, 91-5260.

954 F.2d 219 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Thomas MASON, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellee, v. Thomas MASON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 17, 1992.

Attorney(s) appearing for the Case

Christopher Bowmar Mead, Asst. U.S. Atty., Baltimore, Md., argued (Richard D. Bennett, U.S. Atty., Baltimore, Md., on the brief), for plaintiff-appellant.

Joseph A. Balter, Asst. Federal Public Defender, Baltimore, Md., argued (Fred Warren Bennett, Federal Public Defender, Baltimore, Md., on the brief), for defendant-appellee.

Before ERVIN, Chief Judge, SPROUSE, Circuit Judge, and MERHIGE, Senior District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

SPROUSE, Circuit Judge:

The United States challenges the district court's refusal to sentence Thomas Mason under the Armed Career Criminal Act.1 Mason appeals the district court's rulings on various evidentiary issues and challenges a jury instruction. We agree that Mason should have been given an enhanced sentence but affirm on all other issues.

I

Shortly before midnight on October 24, 1989, two Baltimore...

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