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083335P.pdf 04/30/2009 United States v. Dion Clark
U.S. Court of Appeals Case No: 08-3335
U.S. District Court for the Western District of Missouri - St. Joseph
[PUBLISHED] [Benton, Author, with Riley and Shepherd, Circuit Judges]
Criminal case - Sentencing. Because 18 U.S.C. Sec. 922(g) is
overinclusive, encompassing both non-violent crimes and crimes of
violence, the district court did not err in examining the prior plea
agreement and the undisputed facts in the current presentence report to
determine whether defendant's prior conviction for unlawful possession
of a firearm under 18 U.S.C. Sec. 922(g) was a crime of violence.