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U.S. v. SMITH

No. Crim. AMD-98-0028.

29 F.Supp.2d 688 (1998)

UNITED STATES of America v. Wayne Darnell SMITH.

United States District Court, D. Maryland.

November 16, 1998.

Attorney(s) appearing for the Case

Lynne A. Battaglia, United States Attorney for the District of Maryland, John F. Purcell, Jr., Assistant United States Attorney, Baltimore, MD, for U.S.

Michael G. Middleton, Baltimore, MD, for Defendant.

SENTENCING MEMORANDUM AND ORDER

MALETZ, Senior Judge.1

On August 24, 1998, Wayne Smith pled guilty to Possession of a Firearm by a Convicted Felon in violation of 18 U.S.C. § 922(g)(1). Currently before this court is the question of an appropriate sentence. The only matter in dispute is whether Smith is an "armed career criminal" within the meaning of the guidelines which define the term as "[a] defendant who is subject...

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