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United States of America v. Percy Eugene Webster

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Submitted: November 19, 2010

Before RILEY, Chief Judge, MELLOY and GRUENDER, Circuit Judges.

Pursuant to a plea agreement, Percy Eugene Webster pled guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). In the plea agreement, Webster and the government agreed Webster was guilty of the crime, but did not agree as to the sentence applicability of the Armed Career Criminal Act of 1984 (ACCA), 18 U.S.C. § 924(e). At sentencing, the district court sustained Webster’s objection to the use of certain documents as being noncompliant with Shepard v. United States, 544 U.S. 13 (2005), and refused to apply the ACCA to Webster’s sentence. The government appeals. Because we conclude Shepard is inapplicable to this case, we reverse and remand for resentencing.

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