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U.S. v. LEE

No. 08-4427.

612 F.3d 170 (2010)

UNITED STATES of America v. Joseph R. LEE, Appellant.

United States Court of Appeals, Third Circuit.

Filed: July 14, 2010.

Attorney(s) appearing for the Case

Renee Pietropaolo, [Argued], Federal Public Defender's Office, Pittsburgh, PA, for Appellant.

Robert L. Eberhardt, Rebecca Ross Haywood, [Argued], United States Attorney's Office, Pittsburgh, PA, for Appellee.

Before: RENDELL and JORDAN, Circuit Judges, and PRATTER, District Judge.

OPINION OF THE COURT

JORDAN, Circuit Judge.

Joseph R. Lee was convicted in the United States District Court for the Western District of Pennsylvania of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), and was sentenced as a career offender to 120 months' imprisonment. He appeals both the conviction and his sentence. For the following reasons, we will affirm Lee's conviction but vacate his sentence and remand for re-sentencing...

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