United States v. George L. Phelps, Also Known as George L. Phillips, Also Known as Phillip Lee Morris

BRIMMER, District Judge.

Appellant George L. Phelps (“Phelps”) appeals from the enhanced sentence imposed by the district court pursuant to § 924(e) of the Armed Career Criminal Act of 1984, 18 U.S.C. § 924(e) (1988) (“ACCA”), raises two issues. First, he alleges that the district court erred in finding that the United States proved that he had been convicted of three prior violent felonies, a necessary prerequisite to receiving an enhanced sentence under the statute. In the alternative, he contends that the district court erred in upholding the constitutionality of § 921(a)(20) of the ACCA,…