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U.S. v. CLARK

No. 98-20550.

284 F.3d 563 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. James Clive CLARK, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 26, 2002.

Attorney(s) appearing for the Case

Kathlyn Giannaula Snyder, Asst. U.S. Atty., Paula Camille Offenhauser, Asst. U.S. Atty., Houston, TX, Kathleen A. Felton, U.S. Dept. of Justice, Crim. Div. App. Section, Washington, DC, for Plaintiff-Appellee.

David William Coody, Dallas, TX, for Defendant-Appellant.

Before GARWOOD, SMITH and BENAVIDES, Circuit Judges.

PER CURIAM:

This proceeding under 28 U.S.C. § 2255, in which defendant-appellant James Clive Clark, Jr. (Clark) attacks his 1992 fifteen year sentence under the Armed Career Criminal Act of 1984 (ACCA), 18 U.S.C. § 924(e)(1), imposed upon his conviction for a violation of 18 U.S.C. § 922(g), is now before us again on remand from the United States Supreme Court.

As reflected in our prior opinion, United States v. Clark,

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