U.S. v. PARKER

No. 92-10462.

5 F.3d 1322 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Randolph A. PARKER, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 28, 1993.


Attorney(s) appearing for the Case

Martha Boersch and Rory K. Little, Asst. U.S. Attys., San Francisco, CA, for plaintiff-appellant.

Harry L. Hellerstein, Asst. Federal Public Defender, San Francisco, CA, for defendant-appellee.

Before: REINHARDT and LEAVY, Circuit Judges, and MERHIGE, District Judge.


REINHARDT, Circuit Judge:

The United States appeals the district court's refusal to sentence Randolph Parker to a fifteen-year term of imprisonment upon his conviction of possession of a firearm by a felon, 18 U.S.C. § 922(g). We conclude that, in determining whether a prior conviction following a jury trial was a "violent felony" for purposes of the armed career criminal provision, 18 U.S.C. § 924(e), the sentencing court may not resort to the charging...

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