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U.S. v. GILLEY

No. 93-4489.

43 F.3d 1440 (1995)

UNITED STATES of America, Plaintiff-Appellant-Cross-Appellee, v. Kenneth GILLEY, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 7, 1995.

Attorney(s) appearing for the Case

William Michael, Jr., Asst. U.S. Atty., Ft. Pierce, FL, Kendall Coffey, U.S. Atty., Dawn Bowen, Linda Collins Hertz, Asst. U.S. Attys., Miami, FL, for appellant.

Peter V. Birch, Asst. Federal Public Defender, West Palm Beach, FL., for appellee.

Before COX and BARKETT, Circuit Judges, and DYER, Senior Circuit Judge.

PER CURIAM:

Kenneth Gilley was convicted under 18 U.S.C. § 922(g) for possession of a firearm by a convicted felon. At the sentencing hearing, the government moved to have Gilley's sentence enhanced under 18 U.S.C. § 924. The district court denied the enhancement.

The United States appeals the failure of the district court to sentence Kenneth Gilley in accordance with the mandatory requirements of the Armed Career Criminal Act ("ACCA") and the criminal...

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