U.S. v. JOHNSON

No. 10-6066.

630 F.3d 970 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Rodney Bynard JOHNSON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 2, 2010.


Attorney(s) appearing for the Case

Ashley L. Altshuler , Special Assistant United States Attorney ( Sanford C. Coats , United States Attorney and Jonathon E. Boatman , Assistant United States Attorney, with him on the Brief), Oklahoma City, OK, for the Plaintiff-Appellee.

William P. Earley , Assistant Federal Public Defender, Oklahoma City, OK, for the Defendant-Appellant.

Before MURPHY, HOLLOWAY and O'BRIEN, Circuit Judges.


HOLLOWAY, Circuit Judge.

Defendant-appellant Johnson was charged with possession of a firearm after former conviction of a felony. After his motion to suppress was denied, the parties agreed to a non-jury trial on stipulated evidence. The district judge found the defendant guilty. At sentencing the judge found that defendant had three qualifying prior felonies under the Armed Career Criminal Act (ACCA) and imposed a fifteen-year sentence, which was the mandatory minimum...

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