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U.S. v. RUCKER

No. 96-9412.

171 F.3d 1359 (1999)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Larry Darnell RUCKER, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 9, 1999.

Attorney(s) appearing for the Case

Paul Stephen Kish, Federal Defender Program, Atlanta, GA, for Rucker.

Kent Alexander, Sheila R. Tyler, Amy Weil, Asst. U. S. Attys., Atlanta, GA, for United States.

Before EDMONDSON and BLACK, Circuit Judges, and RESTANI, Judge.

BLACK, Circuit Judge:

Appellant Larry Darnell Rucker was convicted after a jury trial of possession of a firearm by a convicted felon, in violation of 18 U.S.C. §§ 922(g), 924(e), and unlawful possession of a prohibited weapon, in violation of 26 U.S.C. § 5861(d). At sentencing, the district court determined Appellant to be an armed career criminal within the meaning of U.S.S.G. § 4B1.4, but departed downward from the Guidelines range based on...

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