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U.S. v. GOODMAN

No. 06-5513.

519 F.3d 310 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Marvin GOODMAN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 17, 2008.

Attorney(s) appearing for the Case

ON BRIEF: James E. Thomas, Law Office of James E. Thomas, Memphis, Tennessee, for Appellant. Steven S. Neff, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee.

Before MOORE, GILMAN, and SUTTON, Circuit Judges.

OPINION

KAREN NELSON MOORE, Circuit Judge.

In this case the defendant, Marvin Goodman ("Goodman"), challenges the district court's use of a 1993 Tennessee escape conviction for an enhancement to his sentence under the Armed Career Criminal Act ("ACCA"). Although it is possible that a Tennessee court might no longer consider a violation of house arrest to qualify as an escape under Tennessee law, precedent binds us to consider that conviction a violent felony...

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