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U.S. v. HILL

No. 93-5130.

53 F.3d 1151 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Billy W. HILL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 26, 1995.

Attorney(s) appearing for the Case

Susan L. Foreman, Asst. Federal Public Defender (Michael G. Katz, Federal Public Defender, with her on the brief), Denver, CO, for defendant-appellant.

Stephen C. Lewis, U.S. Atty. (Allen J. Litchfield, Asst. U.S. Atty., with him on the brief), Tulsa, OK, for plaintiff-appellee.

Before SEYMOUR, Chief Judge, MOORE, ANDERSON, TACHA, BALDOCK, BRORBY, EBEL, KELLY, and HENRY, Circuit Judges.

ON REHEARING EN BANC

BALDOCK, Circuit Judge.

Defendant Billy W. Hill appeals his sentence imposed by the district court pursuant to the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(e)(1). A panel of this court reversed Defendant's sentence holding that the government had failed to prove that one of his prior convictions constituted a violent felony for purposes of enhancement under the ACCA. See United States v. Hill, 36...

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