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US v. Boaz, No. 09-2591

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By FindLaw Staff on March 15, 2010 11:53 AM

In US v. Boaz, No. 09-2591, the court of appeals dealt with a defendant's firearm possession sentence and a finding that defendant was subject to the the Armed Career Criminal Act.

The circuit court had previously remanded the case, as it explained, "...because the parties had erroneously stated to the district court that the record contained certain identifying information as to one of the prior violent felony convictions, a 1974 Yavapai County, Arizona conviction for brandishing a weapon other than in self-defense."  Defendant, however, claimed that he wasn't "...the same person who was named in the 1974 Arizona conviction."

On remand, the district court received evidence and reapplied the same 190-month sentence. The circuit court here affirmed, holding that the identical names, coupled with subsequent records containing ample identification evidence listing not only defendant's name, but also identifying characteristics such as height, weight, age, and tattoos, was sufficient to support the district court's finding, by a preponderance of the evidence, that defendant was the same person who was the subject of a prior state conviction.

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