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U.S. v. SIMMS

No. 05-4228.

441 F.3d 313 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. James E. SIMMS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 28, 2006.

Attorney(s) appearing for the Case

ARGUED: Paresh S. Patel, Office of the Federal Public Defender, Greenbelt, Maryland, for Appellant. Jefferson McClure Gray, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: James Wyda, Federal Public Defender, Peter R. Johnson, Assistant Federal Public Defender, Greenbelt, Maryland, for Appellant. Rod J. Rosenstein, United States Attorney, Baltimore, Maryland, for Appellee.

Before WILKINS, Chief Judge, and WILKINSON and LUTTIG, Circuit Judges.

Affirmed by published opinion. Chief Judge WILKINS wrote the opinion, in which Judge WILKINSON and Judge LUTTIG joined.

OPINION

WILKINS, Chief Judge.

James E. Simms appeals the 15-year mandatory minimum sentence of imprisonment imposed by the district court pursuant to the Armed Career Criminal Act (ACCA) of 1984, see 18 U.S.C.A. § 924(e) (West 2000 & Supp.2005). Simms maintains that the district court erred in utilizing an application...

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