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U.S. v. MACK

No. 99-1265.

229 F.3d 226 (2000)

UNITED STATES of America, v. Charles MACK, Appellant.

United States Court of Appeals, Third Circuit.

Filed September 29, 2000.

As Amended November 1, 2000.

Attorney(s) appearing for the Case

David L. McColgin, (Argued), Assistant Federal Defender, Supervising Appellate Attorney, Maureen Kearney Rowley, Esq., Chief Federal Defender, Federal Court Division, Defender Association of Philadelphia, Lafayette Building, Philadelphia, PA, Counsel for Appellant.

Michael R. Stiles, United States Attorney, Walter S. Batty, Jr., Assistant United States Attorney, Chief of Appeals, Patrick C. Askin, (Argued), Special Assistant United States Attorney, Philadelphia, PA, Counsel for Appellee.

Before BECKER, Chief Judge, NYGAARD and GARWOOD, Circuit Judges.

OPINION OF THE COURT

GARWOOD, Circuit Judge:

After a jury trial, defendant-appellant Charles Mack (Mack) was convicted on one count of possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1). Following Mack's conviction, the district court sentenced Mack pursuant to the enhanced penalties under the Armed Career Criminal Act of 1984 (ACCA), 18 U.S.C. § 924(e)(1). Mack now appeals, challenging the application of the ACCA...

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