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U.S. v. SPARKS

No. 95-10264.

87 F.3d 276 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Lee SPARKS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 21, 1996.

Attorney(s) appearing for the Case

Janet S. Bessemer, Assistant Federal Public Defender, Las Vegas, Nevada, for defendant-appellant.

Ronald C. Rachow, Assistant United States Attorney, Reno, Nevada, for plaintiff-appellee.

Before: BROWNING and JOHN T. NOONAN, Jr., Circuit Judges, MERHIGE, Jr., District Judge.

NOONAN, Circuit Judge:

Michael Lee Sparks appeals his conviction of being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2) and of possession of a short-barrel shotgun in violation of 26 U.S.C. §§ 5861(d), 5845(a) and 5871 and his sentencing as an armed career criminal under 18 U.S.C. § 924(e). We affirm the judgments of the convictions but reverse and remand for resentencing, holding that the crime of...

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