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U.S. v. BANKS

No. 11-5443.

679 F.3d 505 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. LaMonterie BANKS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

May 18, 2012.

Attorney(s) appearing for the Case

ON BRIEF: David M. Bell, Office of the Federal Public Defender, Memphis, Tennessee, for Appellant. C. David Biggers, Jr., Assistant United States Attorney, Memphis, Tennessee, for Appellee.

COOK, J., delivered the opinion of the court, in which KETHLEDGE, J., joined. MARTIN, J. (pp. 508-10), delivered a separate dissenting opinion.

OPINION

COOK, Circuit Judge.

Defendant LaMonterie Banks appeals his sentence of 180 months' imprisonment, challenging the applicability of an enhancement under the Armed Career Criminal Act ("ACCA"). See 18 U.S.C § 924(e). Concluding that the district court correctly sentenced him as an armed career criminal under the ACCA, we affirm.

Banks pled guilty to being a felon in possession of a firearm under 18 U.S.C. § 922(g). A presentence...

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