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U.S. v. McKENNEY

No. 05-2137.

450 F.3d 39 (2006)

UNITED STATES of America, Appellee, v. Shah McKENNEY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 8, 2006.

Attorney(s) appearing for the Case

Edward C. Roy, Jr., Assistant Federal Public Defender, for appellant.

Donald C. Lockhart, Assistant United States Attorney, with whom Robert Clark Corrente, United States Attorney, and Gerard B. Sullivan, Assistant United States Attorney, were on brief, for appellee.

Before TORRUELLA, LYNCH, and LIPEZ, Circuit Judges.

LYNCH, Circuit Judge.

Shah McKenney pled guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). He was sentenced under the Armed Career Criminal Act (ACCA), id. § 924(e), to the minimum sentence of fifteen years. His sentencing appeal raises two issues. The first is whether a state conviction for conspiracy to violate a state controlled substances law by agreeing to possess with intent to deliver cocaine is a conviction...

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