U.S. v. BREITKREUTZ

No. 91-30285.

8 F.3d 688 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Douglas Paul BREITKREUTZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 29, 1993.


Attorney(s) appearing for the Case

James E. Siebe, Siebe, Landeck, Westberg & Judge, Moscow, ID, for defendant-appellant Douglas Paul Breitkreutz.

Kim R. Lindquist, Asst. U.S. Atty., Boise, ID, for plaintiff-appellee U.S.

Before: FARRIS, NORRIS and KOZINSKI, Circuit Judges.


KOZINSKI, Circuit Judge:

We consider how the government may go about proving a defendant's prior crimes when they are an element of the charged offense.

Background

A jury convicted Breitkreutz of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g), and the court sentenced him to 15 years in prison as a career criminal pursuant to 18 U.S.C. § 922(e). When he was arrested, Breitkreutz was driving a pickup truck that...

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