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U.S. v. TITLEY

No. 13-6245.

770 F.3d 1357 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. John Ervin TITLEY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 4, 2014.

Attorney(s) appearing for the Case

William P. Early , Assistant Federal Public Defender, Office of the Federal Public Defender for the Western District of Oklahoma, Oklahoma City, OK, appearing for Defendant-Appellant.

Steven W. Creager , Special Assistant United States Attorney ( Sanford C. Coats , United States Attorney and Ashley L. Altshuler , Assistant United States Attorney, with him on the brief), Office of the United States Attorney for the Western District of Oklahoma, Oklahoma City, OK, appearing for Plaintiff-Appellee.

Before MATHESON, PHILLIPS, and MORITZ, Circuit Judges.

MATHESON, Circuit Judge.

I. BACKGROUND

The Armed Career Criminal Act ("ACCA") requires a minimum mandatory 15-year sentence for a defendant who has (1) been convicted of being a felon in possession of a firearm under 18 U.S.C. § 922(g) and (2) previously been convicted at least three times in state or federal court of a "violent felony" or "serious drug offense." 18 U.S.C. § 924(e)(1).

This case concerns an equal protection challenge...

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