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U.S. v. SCOVILLE

No. 07-8094.

561 F.3d 1174 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Clifford Alan SCOVILLE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 8, 2009.

Attorney(s) appearing for the Case

Daniel G. Blythe, Assistant Federal Public Defender, Office of the Federal Public Defender, Cheyenne, WY, (Raymond P. Moore, Federal Public Defender, Office of the Federal Public Defender, Denver, CO, with him on the briefs) for Defendant-Appellant.

Gregory A. Phillips, Assistant United States Attorney (Kelly H. Rankin, United States Attorney for the District of Wyoming, with him on the brief) Office of the United States Attorney, Cheyenne WY, for Plaintiff-Appellee.

Before KELLY, TYMKOVICH, Circuit Judges, and DeGIUSTI, District Judge.

TYMKOVICH, Circuit Judge.

Clifford Alan Scoville was convicted as a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). At sentencing, the district court applied the violent felony enhancement of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), because Scoville had three prior violent felony convictions. On appeal, Scoville contends the district court erred in applying...

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