United States v. Jimmy Lee Pedigo

JULIAN ABELE COOK, Jr., District Judge.

Jimmy Lee Pedigo appeals from his conviction under the Armed Career Criminal Act of 1984,18 U.S.C.App. § 1202(a)(1), for which he received the statutory minimum fifteen year sentence. 1 Pedigo claims that the government never affirmatively established that he had been previously convicted of three robberies or burglaries, as required by the statute. 2 We agree.

The events which led to Pedigo’s indictment occurred during the evening of March 11, 1986 and the early morning hours of March 12, 1986. At 11:46 p.m. on March 11,1986, in Glasgow, Kentucky, police…