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U.S. v. STOKES

No. 01-30170.

292 F.3d 964 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Lamont STOKES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 15, 2002.

Amended June 14, 2002.

Attorney(s) appearing for the Case

Michael Donahoe, Assistant Federal Defender, Helena, MT, for the defendant-appellant.

Bernard F. Hubley, Assistant United States Attorney, Helena, MT, for the plaintiff-appellee.

Before: POLITZ, CANBY, and KLEINFELD, Circuit Judges.

ORDER

The opinion filed in this case on April 15, 2002, slip op. at 5647 [286 F.3d 1132], is amended by adding a new footnote 2, to be indicated at the end of the first paragraph on slip op. at 5656 [286 F.3d at 1136] (immediately following "... no comparable escape clause"). The footnote is to state:

The sentencing court has been held to have a duty under the ACCA to determine that a prior conviction for burglary was incurred...

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