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U.S. v. GILBERT

No. 93-7416.

20 F.3d 94 (1994)

UNITED STATES of America, Appellant, v. Edward GILBERT.

United States Court of Appeals, Third Circuit.

Decided March 29, 1994.

Attorney(s) appearing for the Case

David M. Barasch, U.S. Atty., Malachy E. Mannion, Lorna N. Graham, Asst. U.S. Attys., Scranton, PA, Theodore B. Smith, III (argued), Asst. U.S. Atty., Harrisburg, PA, for appellant.

Gerard E. Grealish, (argued), Scranton, PA, for appellee.

Before: GREENBERG, ROTH, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

ROTH, Circuit Judge:

In this appeal the government contends that the district court erred in failing to sentence the defendant, Edward Gilbert, pursuant to the penalty provisions of the Armed Career Criminal Act, 18 U.S.C. § 924(e)(1). This statute provides that a person who violates 18 U.S.C. § 922(g) and who has three prior convictions for violent felonies shall be sentenced...

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