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U.S. v. HENNESSEE

No. 18-5786.

932 F.3d 437 (2019)

UNITED STATES of America, Plaintiff-Appellant, v. James HENNESSEE, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 30, 2019.

Attorney(s) appearing for the Case

ARGUED: Cecil W. VanDevender , UNITED STATES ATTORNEY'S OFFICE, Nashville, Tennessee, for Appellant. Michael C. Holley , FEDERAL PUBLIC DEFENDER, Nashville, Tennessee, for Appellee. ON BRIEF: Cecil W. VanDevender , UNITED STATES ATTORNEY'S OFFICE, Nashville, Tennessee, for Appellant. Michael C. Holley , R. David Baker, FEDERAL PUBLIC DEFENDER, Nashville, Tennessee, for Appellee.

GIBBONS, J., delivered the opinion of the court in which BOGGS, J., joined. COLE, C.J. (pp. 446-55), delivered a separate dissenting opinion.

OPINION

James Hennessee pled guilty to one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The government sought an enhanced penalty under § 924(e)(1) based on Hennessee's three prior convictions for violent felonies. Hennessee objected on the basis...

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