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U.S. v. STAPLETON

No. 05-30088.

440 F.3d 700 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Steve STAPLETON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 16, 2006.

Attorney(s) appearing for the Case

Josette Louise Cassiere, Asst. U.S. Atty. (argued), Shreveport, LA, for Plaintiff-Appellee.

Rebecca L. Hudsmith, Federal Public Defender (argued), Lafayette, LA, for Defendant-Appellant.

Before HIGGINBOTHAM, WIENER, and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

In this appeal from an enhanced sentence, the question is whether the Louisiana crime of false imprisonment while armed with a dangerous weapon under LA.REV.STAT. ANN. § 14:46.1(A) is a violent felony under either the Force Clause or the Otherwise Clause of the Armed Career Criminal Act, 18 U.S.C. § 924(e).1 As interpreted by the Louisiana Supreme Court, "with a dangerous weapon" means either (1) with a...

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