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U.S. v. BENTON

No. 09-6322.

639 F.3d 723 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Derek BENTON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 17, 2011.

Attorney(s) appearing for the Case

ARGUED: Edwin A. Perry , Office of the Federal Public Defender, Memphis, Tennessee, for Appellant. R. Matthew Price , Assistant United States Attorney, Memphis, Tennessee, for Appellee. ON BRIEF: Stephen B. Shankman , April R. Goode , Office of the Federal Public Defender, Memphis, Tennessee, for Appellant. Jennifer Lawrence-Webber , Assistant United States Attorney, Memphis, Tennessee, for Appellee.

Before: BATCHELDER, Chief Judge; CLAY and SUTTON, Circuit Judges.

OPINION

CLAY, Circuit Judge.

Defendant Derek Benton appeals his conviction and sentence for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). Benton argues that his prior state conviction for solicitation to commit aggravated assault should not qualify as a "violent felony" under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(1). Benton also alleges that the district court erred when it declined to allow him to withdraw...

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