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United States Fourth Circuit


US v. Simms, 05-4228

Fifteen-year mandatory minimum sentence of imprisonment imposed by the district court pursuant to the Armed Career Criminal Act (ACCA) of 1984 is affirmed over claim that the district court erred in utilizing an application for charge relating to a prior Maryland conviction to determine that the conviction was for a predicate felony under the ACCA.

Appellate Information

  • Argued 02/01/2006
  • Decided 03/28/2006
  • Published 03/28/2006

Judges

  • Before WILKINS, Chief Judge, and WILKINSON and LUTTIG, Circuit Judges.

Court

  • United States Fourth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Paresh S. Patel, Office of the Federal Public Defender, Greenbelt, Maryland, for Appellant.  Jefferson McClure Gray, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee.   ON BRIEF:  James Wyda, Federal Public Defender, Peter R. Johnson, Assistant Federal Public Defender, Greenbelt, Maryland, for Appellant.  Rod J. Rosenstein, United States Attorney, Baltimore, Maryland, for Appellee.
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