United States v. Shipp, No. 10-5069 (10th Cir. 2011)
Annotate this CaseDefendant-Appellant Vauda Shipp, Jr. was convicted of possessing a firearm after a felony conviction. At sentencing, he was classified as an "armed career criminal" based on three predicate convictions for violent felonies dating from 1984 to 1987. Defendant unsuccessfully appealed his conviction. During that appeal, the United States Supreme Court decided "Chambers v. United States." The Tenth Circuit was then presented with a question on whether the "Chambers" decision would apply retroactively to Defendant's sentence. The Tenth Circuit remanded Defendant's appeal back to the district court to make that determination. The district court found, consistent with the Tenth Circuit's mandate, that the "Chambers" decision applied retroactively. The district court resentenced Defendant. On appeal, Defendant argued that the district court misinterpreted the applicable rules and holding of "Chambers" when it resentenced him. Upon careful consideration of the arguments and the applicable legal authority, the Tenth Circuit concluded that the district court did not err in its interpretation and application of "Chambers." Accordingly, the Court affirmed the district court's judgment.
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