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U.S. v. SEATON

Nos. 94-5038, 94-5213.

45 F.3d 108 (1995)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Dwight Wade SEATON, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 17, 1995.

Attorney(s) appearing for the Case

Hugh B. Ward, Jr., Office of the U.S. Atty., Knoxville, TN (briefed), for plaintiff-appellee, cross-appellant.

Kim A. Tollison, Federal Defender Services, Knoxville, TN (briefed), for defendant-appellant, cross-appellee.

Before: BROWN, RYAN, and BOGGS, Circuit Judges.

RYAN, Circuit Judge.

The defendant, Dwight Wade Seaton, appeals his conviction for possession of a firearm by a felon, 18 U.S.C. § 922(g)(1), claiming insufficiency of the evidence. The government cross-appeals from the district court's refusal to count the defendant's prior state conviction for grand larceny while in possession of a firearm as a "violent felony" under a provision of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(2)(B)(ii). We...

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