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U.S. v. WELLS

Nos. 05-6263/6514.

473 F.3d 640 (2007)

UNITED STATES of America, Plaintiff-Appellee/Cross-Appellant, v. Almon D. WELLS, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 9, 2007.

Attorney(s) appearing for the Case

ARGUED: Kim A. Tollison, Federal Defender Services, Knoxville, Tennessee, for Appellant. Steve H. Cook, Assistant United States Attorney, Knoxville, Tennessee, for Appellee. ON BRIEF: Kim A. Tollison, Federal Defender Services, Knoxville, Tennessee, for Appellant. Steve H. Cook, Assistant United States Attorney, Knoxville, Tennessee, for Appellee.

Before DAUGHTREY and GIBBONS, Circuit Judges; EDMUNDS, District Judge.

OPINION

MARTHA CRAIG DAUGHTREY, Circuit Judge.

The appeal in this case presents a question of first impression in this circuit: whether for purposes of recidivist sentencing under the Armed Career Criminal Act, 18 U.S.C. § 924(e), a prior adjudication of juvenile delinquency is subject to characterization under the "categorical approach" mandated for the review of prior adult convictions by Taylor v. United States, 495 U.S. 575...

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