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U.S. v. PHILLIPS

No. 13-5344.

752 F.3d 1047 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy PHILLIPS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 27, 2014.

Rehearing En Banc Denied July 1, 2014.

Attorney(s) appearing for the Case

ARGUED: Laura E. Davis , Federal Defender Services of Eastern Tennessee, Inc., Knoxville, Tennessee for Appellant.

Gregg L. Sullivan , United States Attorney's Office, Chattanooga, Tennessee for Appellee. ON BRIEF: Laura E. Davis , Federal Defender Services of Eastern Tennessee, Inc., Knoxville, Tennessee for Appellant. Gregg L. Sullivan , United States Attorney's Office, Chattanooga, Tennessee for Appellee.

GIBBONS, J., delivered the opinion of the court in which, GUY, J., joined. ROGERS, J. (pp. 1052-54), delivered a separate dissenting opinion.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Timothy Phillips pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The district court determined that Phillips qualified for an enhanced sentence under the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(e)(1), based in part on a prior Florida third-degree burglary-of-a-structure conviction. The Florida statute defined burglary in the third degree as burglary...

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