United States Eighth Circuit

Defendant's firearm possession sentence, subject to the Armed Career Criminal Act, is affirmed where the identical names, coupled with subsequent records containing ample identification evidence listing not only defendant's name, but also identifying characteristics such as height, weight, age, and tattoos, was sufficient to support the district court's finding, by a preponderance of the evidence, that defendant was the same person who was the subject of a prior state conviction.

Appellate Information

• Decided 03/15/2010
• Published 03/15/2010

Judges

Court

• United States Eighth Circuit

Counsel