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U.S. v. SMITH

No. 10-6209.

652 F.3d 1244 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Fred Douglas SMITH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 13, 2011.

Attorney(s) appearing for the Case

Jack Dempsey Pointer, Attorney at Law, Oklahoma City, OK, for Defendant-Appellant.

Sanford C. Coats, United States Attorney, Jonathon E. Boatman, Assistant U.S. Attorney, Ashley L. Altsuler, Assistant U.S. Attorney, Office of the United States Attorney, Oklahoma City, OK, for Plaintiff-Appellee.

Before O'BRIEN, McKAY, and TYMKOVICH, Circuit Judges.

O'BRIEN, Circuit Judge.*

Fred Douglas Smith pled guilty to being a felon in possession of a firearm. He appeals from the district court's application of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), to enhance his sentence.1 Specifically at issue is whether an assault or battery committed by a person in custody on an employee of the Office of Juvenile Affairs is, categorically, a violent felony...

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