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U.S. v. SCHMIDT

No. 09-31138.

623 F.3d 257 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Roy L. SCHMIDT, III, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

As Revised October 22, 2010.

Attorney(s) appearing for the Case

Tony Gordon Sanders , Diane Hollenshead Copes , Stephen Andrew Higginson , Asst. U.S. Atty., New Orleans, LA, for Plaintiff-Appellee.

Robin Elise Schulberg , Roma Ajubita Kent , Asst. U.S. Attys., Federal Public Defender's Office, New Orleans, LA, for Defendant-Appellant.

Before DAVIS, WIENER, and DENNIS, Circuit Judges.

WIENER, Circuit Judge:

Defendant-Appellant Roy Schmidt III appeals his designation as an Armed Career Criminal ("ACC") under the Armed Career Criminal Act1 ("the ACCA"). Schmidt pleaded guilty to conspiracy to possess a pipe bomb and to being a convicted felon in possession of a pipe bomb. He now challenges the district court's sentencing determination that a prior conviction for theft of a firearm from a licensed gun dealer, in violation...

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