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McCARTHY v. U.S.

Nos. 95-3254, 96-2558.

135 F.3d 754 (1998)

John Michael MCCARTHY, Jr., Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. UNITED STATES of America, Plaintiff-Appellee, v. John Michael MCCARTHY, Jr., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 20, 1998.

Attorney(s) appearing for the Case

James Skuthan, Asst. Fed. Pub. Defender, Orlando, FL, for McCarthy.

P. Michael Patterson, U.S. Atty., Lyndia F. Padgett, Asst. U.S. Atty., Tallahassee, FL, Russell C. Stoddard, Tamra Phipps, Assts. U.S. Attys., Ft, Myers, FL, for United States.

Before TJOFLAT and ANDERSON, Circuit Judges, and HOEVELER, Senior District Judge.

PER CURIAM:

These two consolidated appeals by John Michael McCarthy ("McCarthy") raise only one issue that warrants discussion.1 McCarthy was convicted of possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1), and the sentence now on appeal includes a fifteen-year mandatory minimum sentence pursuant to 18 U.S.C. § 924(e)(1). McCarthy objects to the application in his case of the fifteen-year mandatory...

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