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United States v. Boaz

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Submitted: January 15, 2010

Before MELLOY, SMITH, and COLLOTON, Circuit Judges.

A jury convicted Appellant Thomas Monroe Boaz of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). Based on prior violent felony convictions, the district court determined that Boaz was subject to the Armed Career Criminal Act, 18 U.S.C. § 924(e), and sentenced him to 190 months’ imprisonment. In a prior appeal, we reversed and remanded 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. United States v. Boaz, 558 F.3d 800, 809 (8th Cir. 2009). We instructed the court on remand to reopen the record to permit the government an opportunity to prove whether Appellant was, in fact, the same person who was named in the 1974 Arizona conviction. Id.

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