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U.S. v. SPARKS

No. 99-30389.

265 F.3d 825 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Mark Leroy SPARKS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 7, 2001.

Attorney(s) appearing for the Case

Michael S. Taggart, Anchorage, Alaska, for the defendant-appellant.

Stephen Cooper, Office of the U.S. Attorney, Fairbanks, Alaska, for the plaintiff-appellee.

Before: B. FLETCHER and FISHER, Circuit Judges, and SCHWARZER, District Judge.

BETTY B. FLETCHER, Circuit Judge:

Mark Leroy Sparks was convicted and sentenced following a bench trial. We must decide whether his prior criminal record qualifies him as an Armed Career Criminal. This is contingent on whether either a prior attempted burglary or a theft from storage lockers qualifies as a violent felony under 18 U.S.C. § 924(e). In respect to his current conviction, Sparks claims that the search of the car and his bag violated his Fourth Amendment...

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