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U.S. v. NANCE

No. 05-6036.

481 F.3d 882 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Elton NANCE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 6, 2007.

Attorney(s) appearing for the Case

ARGUED: Jeff Mueller, Mueller & Ellis, Jackson, Tennessee, for Appellant. R. Leigh Grinalds, Assistant United States Attorney, Jackson, Tennessee, for Appellee.

ON BRIEF: Jeff Mueller, Mueller & Ellis, Jackson, Tennessee, for Appellant. R. Leigh Grinalds, Assistant United States Attorney, Jackson, Tennessee, for Appellee.

Before: GIBBONS and ROGERS, Circuit Judges; HOLSCHUH, District Judge.

GIBBONS, J., delivered the opinion of the court, in which ROGERS, J., joined. HOLSCHUH, D.J. (pp. 889-95), delivered a separate opinion concurring in part and dissenting in part.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Defendant-appellant Richard Nance was convicted by a jury of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). The district court determined that Nance was an armed career criminal and sentenced...

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