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U.S. v. GAMMAGE

No. 08-3819.

580 F.3d 777 (2009)

UNITED STATES of America, Appellee, v. Gerald Lee GAMMAGE, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 13, 2009.

Revised August 28, 2009.

Attorney(s) appearing for the Case

Mark E. Weinhardt, argued, William B. Ortman, on the brief, Des Moines, IA, for appellant.

William C. Purdy, AUSA, argued, Clifford D. Wendel, AUSA, on the brief, Des Moines, IA, for appellee.

Before MURPHY, ARNOLD, and GRUENDER, Circuit Judges.

ARNOLD, Circuit Judge.

Gerald Gammage appeals from the sentence of 180 months' imprisonment that the district court imposed after a jury found him guilty of knowingly possessing a firearm after having been convicted of a misdemeanor crime of domestic violence, see 18 U.S.C. § 922(g)(9). We reverse and remand for resentencing.

Mr. Gammage maintains that the district court erred in concluding that he had been convicted of burglary three times before...

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