U.S. v. SPELLS

No. 07-1185.

537 F.3d 743 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Melvin D. SPELLS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 8, 2008.


Attorney(s) appearing for the Case

Doris L. Pryor (argued), Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee.

Robert J. Palmer, Matthew Dornover and Eric Babbs, Law Students (argued), May, Oberfell & Lorber, Mishawaka, IN, for Defendant-Appellant.

Before BAUER, FLAUM, and KANNE, Circuit Judges.


FLAUM, Circuit Judge.

Defendant Melvin Spells was convicted by a jury on three counts stemming from a robbery of a Papa Johns Pizza restaurant. While Spells challenges the sufficiency of the evidence on appeal, the main thrust of this appeal involves Spells's sentencing. The district court, in sentencing Spells, found that he was an armed career criminal under 18 U.S.C. § 924(e)(1), based on what it deemed to be prior "violent felonies," as well as a career offender...

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