Randall Kirk Bell v. United States
Court of Appeals for the Eighth Circuit
1Opinion of the Court
MAGILL, Circuit Judge.
Randall Kirk Bell, a federal prisoner, appeals from the denial of his 28 U.S.C. § 2255 motion. He argues that the sentencing court improperly used a 1975 state conviction, for which he has had his civil rights restored, to enhance his sentence under 18 U.S.C. § 924(e)(1). We reverse and remand for resentencing.
In February 1989, a jury convicted Bell of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The government moved for an enhanced sentence pursuant to 18 U.S.C. § 924(e)(1), which imposes a mandatory minimum fifteen-year sentence on…
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