Unpublished Dispositionunited States of America, Plaintiff-appellee, v. Elmer Gibbs, Defendant-appellant, 919 F.2d 142 (6th Cir. 1990)

Defendant-appellant, Elmer Gibbs (Gibbs), appeals from his conviction on three substantive counts related to the interstate fencing of stolen property and one count under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e). Gibbs was sentenced to four concurrent terms of imprisonment, the longest of which was a sentence of fifteen years for his conviction under the ACCA.

Gibbs assigns error to several evidentiary rulings made by the trial judge. Upon review of the arguments and briefs of the parties, the trial transcript, and the applicable case law, the court finds that the district court committed no abuse of discretion with respect to the challenged rulings.

Gibbs also assigns error to his conviction under the ACCA, arguing that his criminal record did not, as found by the district court, contain at least three predicate felony convictions, as required as a prerequisite to guilt under the ACCA.^*  The record clearly indicates, however, that Gibbs had, prior to commission of the instant offenses, committed at least three crimes falling into the category of "violent felonies," as that term is defined in the ACCA, 18 U.S.C. § 924(e) (2) (B).

Accordingly, the judgment of the district court is hereby affirmed.