United States v. Harkey

MEMORANDUM OPINION

QUACKENBUSH, District Judge.

On January 27, 1989, this court imposed a sentence of 5 years on the defendant, based upon his having been found guilty by a jury on October 18, 1988 of being a felon in possession of a firearm. This 5-year sentence is the maximum permitted by law; however, the Government contended that the court was obligated to impose a mandatory 15-year term pursuant to 18 U.S.C. § 924(e)(1), based upon the prior burglary convictions of the defendant. On January 27,1989, the court rendered its oral opinion rejecting the contention of the Government and stated…