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U.S. v. BLANTON

Nos. 05-50302, 05-50887, 05-50717, 05-50752.

476 F.3d 767 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Dominique Charles BLANTON, Defendant-Appellee. United States of America, Plaintiff-Appellant, v. Dominique Charles Blanton, a/k/a Domanique Charles Blanton, Domanique Charles Glanton, Domanique Blanton, Dominiue Rodzay, Domanque Blanton, Dominique Lee Blanton, "Rodzay", "Lilrodsay", "Rodzag", "Lil Rodzay", "Duke" and "Tinyzay", Defendant-Appellee. United States of America, Plaintiff-Appellant, v. Dominique Charles Blanton, Defendant-Appellee. United States of America, Plaintiff-Appellant, v. Dominique Charles Blanton, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 12, 2007.

Attorney(s) appearing for the Case

Debra Wong Yang, United States Attorney, Central District of California, Assistant United States Attorneys Thomas P. O'Brien and Erik M. Silber were on the briefs for the plaintiff-appellant.

Dean R. Gits, Acting Federal Public Defender, Central District of California, and Deputy Public Defender Carlton F. Gunn were on the brief for the defendant-appellee.

Before ALEX KOZINSKI, DIARMUID F. O'SCANNLAIN, and JAY S. BYBEE, Circuit Judges.

O'SCANNLAIN, Circuit Judge.

We must determine whether the Fifth Amendment's Double Jeopardy Clause prohibits the government from appealing a district court's allegedly erroneous denial of an Armed Career Criminal Act sentencing enhancement.

I

Dominique Blanton was arrested by the Los Angeles Police Department on April 19, 2003, and charged by the State of California with being a felon in possession of a firearm and ammunition in violation of Cal...

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