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U.S. v. FLORES

No. 06-1152.

477 F.3d 431 (2007)

UNITED STATES of America, Plaintiff-Appellant. v. Oscar FLORES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 23, 2007.

Attorney(s) appearing for the Case

ARGUED: Janet L. Parker, Assistant United States Attorney, Bay City, Michigan, for Appellant. Douglas R. Mullkoff, Ann Arbor, Michigan, for Appellee. ON BRIEF: Janet L. Parker, Assistant United States Attorney, Bay City, Michigan, for Appellant. Douglas R. Mullkoff, Ann Arbor, Michigan, for Appellee.

Before GUY, SUHRHEINRICH, and GRIFFIN, Circuit Judges.

OPINION

GRIFFIN, Circuit Judge.

Oscar Flores was convicted of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). The government appeals the district court's imposition of a sentence of 100 months of incarceration in connection with Flores's conviction. The government argues that the district court erred in concluding that Flores was ineligible to be sentenced pursuant to the Armed Career Criminal Act ("ACCA"), 18 U.S.C...

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