U.S. v. MELBIE

No. 13-2072.

751 F.3d 586 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Harold William MELBIE, Jr., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 1, 2014.

Rehearing and Rehearing En Banc Denied June 6, 2014.


Attorney(s) appearing for the Case

Gary Dean Dickey, Jr. , argued, Des Moines, IA, for Appellant.

Amy L. Jennings , Special AUSA, argued, Des Moines, IA ( John S. Courter , AUSA, on the brief), for Appellee.

Before WOLLMAN, BYE, and MELLOY, Circuit Judges.


MELLOY, Circuit Judge.

A jury convicted Harold Melbie of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The district court1 found that prior convictions qualified Melbie as an armed career criminal and that the fifteen-year mandatory minimum sentence of 18 U.S.C. § 924(e)(1) applied. Melbie appeals, arguing that the district court erroneously treated a prior drug conspiracy conviction and a prior...

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