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U.S. v. FOSTER

No. 08-1914.

577 F.3d 813 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Darryl FOSTER, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 18, 2009.

Attorney(s) appearing for the Case

Todd S. Shellenbarger, Attorney (argued), Office of the United States Attorney, Evansville, IN, for Plaintiff-Appellee.

Chad E. Groves, Attorney (argued), Groves & Day, Henderson, KY, for Defendant-Appellant.

Before CUDAHY, FLAUM, and SYKES, Circuit Judges.

CUDAHY, Circuit Judge.

Darryl Foster pleaded guilty to violating the federal Gun Control Act of 1968, 18 U.S.C. § 921 et seq., which prohibits convicted felons from possessing a firearm. The district court enhanced Foster's sentence pursuant to the Armed Career Criminal Act (ACCA) because it found that he had three prior violent felony convictions and that he used his gun in connection with the commission of a violent crime, to wit: criminal recklessness...

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