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U.S. v. GROCE

No. 92-3285.

999 F.2d 1189 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Tony L. GROCE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 28, 1993.

Attorney(s) appearing for the Case

Elsa Lamelas, Asst. U.S. Atty., Milwaukee, WI (argued), for plaintiff-appellee.

Michael S. Sperling, Milwaukee, WI (argued), for defendant-appellant.

Before CUDAHY and MANION, Circuit Judges, and TIMBERS, Senior Circuit Judge.

CUDAHY, Circuit Judge.

A jury convicted the defendant of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1), and the trial court sentenced him as an armed career criminal to 20 years in prison. On appeal, the defendant challenges the trial court's exclusion of the out-of-court exculpatory statement of a witness who failed to appear at trial; he also contends the court erred in finding him an armed career criminal for sentencing purposes...

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