United States Fifth Circuit

A sentence under the Armed Career Criminal Act (ACCA) and associated provisions of the U.S.S.G. for being a felon and a fugitive in possession of a firearm is vacated as there was insufficient evidence in the record to show that defendant was represented by counsel or validly waived his right to counsel in proceedings leading to a prior conviction on which the sentence under the ACCA was predicated. Also, the conviction on the felon in possession count is vacated as multiplicitous.

Appellate Information

• Decided 10/30/2007
• Published 10/31/2007

Judges

• OWEN, Circuit Judge:, Before HIGGINBOTHAM, SMITH and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., Mara A. Blatt, San Antonio, TX, for U.S., Stanley Lee Schwieger, Law Offices of Stan Schwieger, Waco, TX, for Hollis.