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U.S. v. SHEPARD

No. 02-1216.

348 F.3d 308 (2003)

UNITED STATES of America, Appellant, v. Reginald SHEPARD, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 3, 2003.

Rehearing and Suggestion for Rehearing Denied November 24, 2003.

Attorney(s) appearing for the Case

Cynthia A. Young, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellant.

Linda J. Thompson, with whom John M. Thompson and Thompson & Thompson, P.C. was on brief, for appellee.

Before BOUDIN, Chief Judge, TORRUELLA and LIPEZ, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied November 24, 2003.

BOUDIN, Chief Judge.

Under the amended Armed Career Criminal Act ("the Act"), 18 U.S.C. § 924(e) (2000), a 15-year mandatory minimum sentence is required for anyone convicted as a felon in possession of a firearm who has three or more prior convictions for a "violent felony" or "serious drug offense." This appeal by the government concerns the proper application of these labels to...

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