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U.S. v. SOHN

No. 08-1047.

567 F.3d 392 (2009)

UNITED STATES of America, Appellee, v. Emmanuel Preston SOHN, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 28, 2009.

Attorney(s) appearing for the Case

Allison Hart Behrens, Asst. U.S. Atty., St. Louis, MO, argued, for Plaintiff-Appellee.

Lawrence J. Fleming, Herzog & Crebs, St. Louis, MO, argued, for Defendant-Appellant.

Emmanuel Preston Sohn, Charleston, MO, pro se.

Before RILEY, BENTON, and SHEPHERD, Circuit Judges.

BENTON, Circuit Judge.

Emmanuel Preston Sohn pled guilty to a one-count indictment of unlawful possession of a firearm. The district court1 applied an enhancement under the Armed Criminal Career Act based on his prior felony convictions. The indictment does not mention the ACCA, or the predicate convictions. Sohn appeals the sentence enhancement based on his Fifth Amendment right to a Grand Jury indictment on each crime charged. This court...

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