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U.S. v. EUBANKS

No. 09-1254.

617 F.3d 364 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Carter EUBANKS, aka Carter Junior Reed, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 3, 2010.

Attorney(s) appearing for the Case

ARGUED: David L. Kaczor , Federal Public Defender's Office, Grand Rapids , Michigan, for Appellant. Russel A. Kavalhuna , Assistant United States Attorney, Grand Rapids , Michigan, for Appellee. ON BRIEF: David L. Kaczor , Federal Public Defender's Office, Grand Rapids , Michigan, for Appellant. Michael L. Schipper , Assistant United States Attorney, Grand Rapids , Michigan, for Appellee.

Before BATCHELDER, Chief Judge; WHITE, Circuit Judge; and GREER, District Judge.

ALICE M. BATCHELDER, Chief Judge.

Carter Eubanks appeals his sentence, claiming that the court erred in finding that his juvenile conviction in Michigan may be considered in designating him as an armed career criminal pursuant to the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(e). Because we find that the district court correctly determined that Eubanks's prior conviction must be considered under the ACCA, we AFFIRM.

I.

Carter Eubanks...

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