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U.S. v. HARRIMON

No. 08-10690.

568 F.3d 531 (2009)

UNITED STATES of America, Plaintiff-Appellant, v. Richard Ray HARRIMON, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 14, 2009.

Attorney(s) appearing for the Case

Gary C. Tromblay (argued), Dallas, TX, for U.S.

Kevin Joel Page (argued), Fed. Pub. Def., Dallas, TX, for Harrimon.

Before JONES, Chief Judge, and WIENER and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

In this case we consider whether a violation of Texas Penal Code § 38.04(b)(1) (evading arrest or detention by use of a vehicle) is a "violent felony" for the purposes of the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(e). We hold that it is.

I

On January 11, 2008, Defendant-Appellee Richard Ray Harrimon pleaded guilty to two counts of possession of a firearm by a convicted felon in violation of 18 U.S...

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