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U.S. v. WILLOUGHBY

No. 10-3792.

653 F.3d 738 (2011)

UNITED STATES of America, Appellee, v. Michael WILLOUGHBY, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 6, 2011.

Attorney(s) appearing for the Case

Michelle Nahon Moulder , Asst. Fed. Public Defender, Springfield, MO, argued ( Raymond C. Conrad, Jr. , Fed. Public Defender, Kansas City, MO, on the brief), for appellant.

James J. Kelleher , Asst. U.S. Atty., Springfield, Mo, argued ( Beth Phillips , U.S. Atty., Kansas City, MO, on the brief), for appellee.

Before RILEY, Chief Judge, SMITH, Circuit Judge, and STROM, District Judge.

SMITH, Circuit Judge.

Michael Willoughby pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Over Willoughby's objection, the presentence investigation report (PSR) recommended that Willoughby be designated an "armed career criminal" under the Armed Career Criminals Act (ACCA), 18 U.S.C. § 924(e)(1), based, in part, on his two prior Missouri convictions stemming from an incident in which he sold drugs to two...

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