United States v. Samuel Petty

This matter comes before the court on remand from the United States Supreme Court, — U.S. -, 107 S.Ct. 1968, 95 L.Ed.2d 810 (1987). We were directed to reconsider our decision in United States v. Petty, 798 F.2d 1157 (8th Cir.1986), in light of the position asserted by the Solicitor General in his brief filed April 13,1987, on petition for a writ of certiorari.

In. his brief, the Solicitor General opined that the court erred in applying the enhanced sentencing provision of the Armed Career Criminal Act of 1984,18 U.S.C.App. § 1202(a)(1) (Supp.1984), to Petty for possession of a firearm by a…