US v. Gammage, No. 08-3819
District court's sentencing of a defendant to 180 months' imprisonment, convicted of knowingly possessing a firearm after having been convicted of a misdemeanor crime, is reversed and remanded where the court erred in determining that defendant was an armed career criminal, as the government failed to prove up defendant's convictions before he would be subject to the enhancement issue. Accordingly, district court is directed to resentence defendant based on the record already before it.
Submitted: June 9, 2009
Filed: August 28, 2009
Opinion by Arnold, Circuit Judge