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U.S. v. STACEY

No. 07-3276.

531 F.3d 565 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Frederick STACEY, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 2, 2008.

Attorney(s) appearing for the Case

Omar Greene, AFPD, argued, Little Rock, AR, for appellant.

Mrsha Wardlaw Clevenger, AUSA, argued, Little Rock, AR, for appellee.

Before LOKEN, Chief Judge, BEAM, and BYE, Circuit Judges.

BYE, Circuit Judge.

Frederick Stacey appeals the district court's 71-month sentence following his plea of guilty to being a felon in possession of a firearm. We reverse.

I

In December 2005, Stacey assaulted and threatened his girlfriend with a firearm. Police attempted to apprehend him and he fled in a vehicle. The ensuing chase ended when Stacey collided with another vehicle. A search of Stacey's vehicle uncovered a handgun.

Stacey entered...

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