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U.S. v. SMITH

No. 2:09-cr-59-FtM-29SPC.

725 F.Supp.2d 1336 (2010)

UNITED STATES of America v. Detrick C. SMITH.

United States District Court, M.D. Florida, Fort Myers Division.

July 19, 2010.

Attorney(s) appearing for the Case

Jeffrey Michelland, Yolande G. Viacava, U.S. Attorney's Office, Ft. Myers, FL, for United States of America.

Russell K. Rosenthal, Federal Public Defender's Office, Ft. Myers, FL, for Detrick C. Smith.

OPINION AND ORDER

JOHN E. STEELE, District Judge.

This matter came before the Court on July 12, 2010, for the sentencing of defendant Detrick C. Smith (defendant or Smith). The Court heard arguments as to whether defendant qualified as an armed career criminal, and took the matter under advisement. Counsel for each side filed a Sentencing Memorandum. (Docs. #67, 72.) For the reasons stated below, the Court finds that the United States has not shown...

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