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US v. Schmidt, No. 09-31138

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By FindLaw Staff on October 08, 2010 2:10 PM

In US v. Schmidt, No. 09-31138, the court affirmed defendant's sentence for conspiracy to possess a pipe bomb, on the ground that defendant's prior conviction for theft of a firearm from a licensed gun dealer, in violation of 18 U.S.C. section 922(u), was a violent felony for purposes of the ACCA.

As the court wrote:  "Defendant-Appellant Roy Schmidt III appeals his designation as an Armed Career Criminal ("ACC") under the Armed Career Criminal Act, 18 U.S.C. § 924(e) ("the ACCA"). Schmidt pleaded guilty to conspiracy to possess a pipe bomb and to being a convicted felon in possession of a pipe bomb. He now challenges the district court's sentencing determination that a prior conviction for theft of a firearm from a licensed gun dealer, in violation of 18 U.S.C. § 922(u), is a violent felony for purposes of the ACCA. We affirm."

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