U.S. v. WEBSTER

No. 10-1172.

636 F.3d 916 (2011)

UNITED STATES of America, Appellant, v. Percy Eugene WEBSTER, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 2, 2011.


Attorney(s) appearing for the Case

Michael D. Wellman , AUSA, argued, Omaha, NE, for appellant.

Michael Hansen , AFPD, argued, Lincoln, NE, David R. Stickman , FPD, on the brief, Omaha, NE, for appellee.

Before RILEY, Chief Judge, MELLOY and GRUENDER, Circuit Judges.


RILEY, Chief Judge.

Pursuant to a plea agreement, Percy Eugene Webster pled guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). In the plea agreement, Webster and the government agreed Webster was guilty of the crime, but did not agree as to the sentence applicability of the Armed Career Criminal Act of 1984 (ACCA), 18 U.S.C. § 924(e). At sentencing, the district court sustained Webster's objection to the use of certain...

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