BELL v. U.S.

No. 91-2584.

970 F.2d 428 (1992)

Randall Kirk BELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 9, 1992.

Order Denying Rehearing and Rehearing September 14, 1992.


Attorney(s) appearing for the Case

Robert A. Wright, Jr., Des Moines, Iowa, argued, for appellant.

Linda R. Reade, Asst. U.S. Atty., Des Moines, Iowa, argued (John E. Beamer, Asst. U.S. Atty. on the brief), for appellee.

Before McMILLIAN, JOHN R. GIBSON, and MAGILL, Circuit Judges.


Order Denying Rehearing and Rehearing En Banc September 14, 1992.

MAGILL, Circuit Judge.

Randall Kirk Bell, a federal prisoner, appeals from the denial of his 28 U.S.C. § 2255 motion. He argues that the sentencing court improperly used a 1975 state conviction, for which he has had his civil rights restored, to enhance his sentence under 18 U.S.C. § 924(e)(1). We reverse and remand for resentencing.

In February 1989, a jury convicted Bell...

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