United States v. Webster, No. 11-2415 (8th Cir. 2011)
Annotate this CaseDefendant pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. 922(g)(1) and conceded the firearm was subject to forfeiture under 18 U.S.C. 924(d). On appeal, defendant argued that the district court clearly erred in finding that he had three prior convictions for violent felonies. The court rejected defendant's Shepherd v. United States claim; the court concluded that the district court was justified in rejecting defendant's claim that the misstatement of his date of birth casted doubt on the accuracy of the rest of his case history; and the court court concluded that defendant admitted the case history referred to him and the district court found the case history's multiple references to the burglary conviction to be internally consistent. Therefore, the district court properly applied the Armed Career Criminal Act, 18 U.S.C. 924(e)(1), enhancement.
Court Description: Criminal case - Sentencing. For the court's prior opinion in the case, see United States v. Webster, 636 F.3d916 (8th Cir. 2011). On remand, the district court did not err in finding that the government proved a 1988 conviction by the preponderance of evidence and that defendant qualified for sentencing as an Armed Career Criminal.
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