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U.S. v. STEARNS

No. 03-2340.

387 F.3d 104 (2004)

UNITED STATES of America, Appellee, v. Jeffrey D. STEARNS, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 1, 2004.

Attorney(s) appearing for the Case

Neal K. Stillman for appellant.

F. Mark Terison, Senior Litigation Counsel, with whom Paula D. Silsby, United States Attorney, was on brief for appellee.

Before LYNCH, Circuit Judge, CYR, Senior Circuit Judge, and HOWARD, Circuit Judge.

CYR, Senior Circuit Judge.

Jeffrey D. Stearns appeals from the guidelines sentence imposed upon his conviction for possession of a firearm by a felon, contending that the district court erroneously categorized him as an armed career criminal when it refused to count as one crime his prior convictions for two burglaries committed against the same victim on consecutive days. Finding no error, we affirm.

I

BACKGROUND

In October 2001...

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