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U.S. v. PHELPS

No. 92-3197.

17 F.3d 1334 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. George L. PHELPS, also known as George L. Phillips, also known as Phillip Lee Morris, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 28, 1994.

Attorney(s) appearing for the Case

Charles D. Anderson (Michael L. Harris, Assistant Federal Public Defender), Kansas City, Kansas, for defendant-appellant.

Lee Thompson (Christina L. Morris, Assistant United States Attorney), Kansas City, Kansas, for plaintiff-appellee.

Before BRORBY and KELLY, Circuit Judges, and BRIMMER, District Judge.

BRIMMER, District Judge.

Appellant George L. Phelps ("Phelps") appeals from the enhanced sentence imposed by the district court pursuant to § 924(e) of the Armed Career Criminal Act of 1984, 18 U.S.C. § 924(e) (1988) ("ACCA"), raises two issues. First, he alleges that the district court erred in finding that the United States proved that he had been convicted of three prior violent felonies, a necessary prerequisite to receiving an enhanced sentence under...

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