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U.S. v. SANDERS

No. 03-2481.

377 F.3d 845 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Allen SANDERS, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 26, 2004.

Rehearing and Rehearing Denied August 30, 2004.

Attorney(s) appearing for the Case

Thomas J. Clarke, argued, Des Moines, Iowa, for appellant.

Richard D. Westphal, argued, Rock Island, Illinois (Richard E. Rothrock and Shannon L. Olson both of Des Moines, Iowa on the briefs), for appellee Asst. U.S. Attorneys.

Before BYE, HEANEY, and SMITH, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 30, 2004.*

BYE, Circuit Judge.

Robert Allen Sanders pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. 922(g)(1). As Mr. Sanders had three prior Iowa burglary convictions, the Pre-sentence Report (PSR) recommended the district court1 sentence him as a career criminal under the Armed Career Criminal Act (ACCA), 18 U.S.C....

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