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United States v. McGill

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[PUBLISH]

Before BLACK, HULL and KRAVITCH, Circuit Judges.

The Armed Career Criminal Act (ACCA) prescribes a 15-year mandatory minimum sentence for any person who has “three previous convictions . . . for a violent felony” and possesses a firearm in violation of 18 U.S.C. § 922(g). 18 U.S.C. § 924(e)(1). Robert McGill pleaded guilty to violating § 922(g)(1), and in light of his three prior felony convictions, the Government asked the district court to sentence him as an armed career criminal. The court refused, and the Government raises this question on appeal: Was McGill’s prior felony possession of a short-barreled shotgun a “violent felony” under the ACCA?

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