U.S. v. FIFE

No. 09-2310.

624 F.3d 441 (2010)

UNITED STATES of America, Plaintiff-Appellant, v. DeWitt FIFE, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 12, 2010.


Attorney(s) appearing for the Case

Mel S. Johnson , Attorney (argued), Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellant.

Nancy Joseph , Attorney (argued), Federal Defender Services of Eastern Wisconsin, Incorporated, Milwaukee, WI, for Defendant-Appellee.

Before MANION and ROVNER, Circuit Judges, and HIBBLER, District Judge.


ROVNER, Circuit Judge.

This appeal presents the relatively rare government appeal of a criminal sentence, challenging the district court's determination that Dewitt Fife's prior convictions did not satisfy the requirements of the Armed Career Criminal Act ("ACCA") and therefore that he was not subject to the increased sentence under that Act. The unusual twist here is that the same criminal history was deemed sufficient by this court 14 years ago to meet the requirements...

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