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U.S. v. TUCKER

Nos. 11-2444, 11-2489.

740 F.3d 1177 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Alfred TUCKER, Defendant-Appellant. United States of America, Plaintiff-Appellee v. Alfred Tucker, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 29, 2014.

Attorney(s) appearing for the Case

Terrance Waite , argued, North Platte, NE, for appellant.

Scott A.C. Meisler , argued, Washington, DC, for appellee.

Before RILEY, Chief Judge, WOLLMAN, LOKEN, MURPHY, BYE, SMITH, COLLOTON, GRUENDER, BENTON, SHEPHERD, and KELLY, Circuit Judges, En Banc.

GRUENDER, Circuit Judge.

After his conviction as a felon in possession of a firearm, Alfred Tucker received an enhanced sentence under the Armed Career Criminal Act ("ACCA"), which applies to those felons guilty of possession of a firearm who have three prior convictions for a violent felony. See 18 U.S.C. § 924(e). After a panel of this court affirmed his conviction and sentence, we granted rehearing en banc to address whether Tucker's prior conviction...

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