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UNITED STATES v. GARRETT

No. 17-10516.

24 F.4th 485 (2022)

UNITED STATES of America, Plaintiff-Appellant/Cross-Appellee, v. David Lee GARRETT, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed January 25, 2022.

Attorney(s) appearing for the Case

Stephen S. Gilstrap , John J. Boyle , Brian W. Portugal , Leigha Amy Simonton , Assistant U.S. Attorneys, U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellant/Cross-Appellee.

Kevin Joel Page , Federal Public Defender's Office, Northern District of Texas, Stephen James Green , Assistant Federal Public Defender, Stephen Green Law, Dallas, TX, for Defendant-Appellee/Cross-Appellant.

Before Jolly, Jones, and Southwick, Circuit Judges.

Under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), offenders with three previous violent felony convictions are subject to significantly increased sentences. When this court earlier reviewed the sentence of the appellee, we held that a previous conviction for simple robbery was a violent felony that...

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