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U.S. v. FOREMAN

No. 04-2450.

436 F.3d 638 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Marco Eugene FOREMAN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 8, 2006.

Attorney(s) appearing for the Case

ARGUED: Paul L. Nelson, Federal Public Defender's Office, Grand Rapids, Michigan, for Appellant. Joan E. Meyer, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee. ON BRIEF: Paul L. Nelson, Federal Public Defender's Office, Grand Rapids, Michigan, for Appellant. Joan E. Meyer, Andrew Byerly Birge, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.

Before: MERRITT, MARTIN, and COLE, Circuit Judges.

OPINION

BOYCE F. MARTIN, Circuit Judge.

Marco Foreman appeals his sentence for the crime of possession of a firearm by a felon. Foreman raises a Booker challenge to his sentence and the United States does not contest this appeal. Foreman also challenges the district court's ruling that a prior conviction for fleeing and eluding in the fourth degree is a crime of violence under the Federal Sentencing Guidelines. For the reasons below, we VACATE Foreman...

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