U.S. v. THOMAS

Nos. 07-3080, 07-3085.

572 F.3d 945 (2009)

UNITED STATES of America, Appellant/Cross-Appellee v. Anthony THOMAS, Appellee/Cross-Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 21, 2009.


Attorney(s) appearing for the Case

SuzAnne C. Nyland, Assistant United States Attorney, argued the cause for the appellant/cross-appellee. Jeffrey A. Taylor, United States Attorney, and Roy W. McLeese III and George P. Eliopoulos, Assistant United States Attorneys, were on brief.

A.J. Kramer, Federal Public Defender, argued the cause for the appellee/cross-appellant. Michelle M. Peterson, Assistant Federal Public Defender, entered an appearance.

Opinion concurring in part and concurring in the judgment filed by Circuit Judge GINSBURG.


KAREN LECRAFT HENDERSON, Circuit Judge:

Appellant and cross-appellee Anthony Thomas was convicted of one count of unlawful possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1). The district court sentenced Thomas to 188 months' incarceration under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), which mandates a 15-year minimum sentence for a felon in possession with three previous convictions of qualifying offenses. In an earlier...

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