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UNITED STATES OF AMERICA, Plaintiff-Appellee, v. MARVIN GOODMAN, Defendant-Appellant. |
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Appeal from the United States District Court
for the Eastern District of Tennessee of Chattanooga.
No. 04-00172—Curtis L. Collier, Chief District Judge.
Submitted: March 14, 2008
Decided and Filed: March 17, 2008
Before: MOORE, GILMAN, and SUTTON, Circuit Judges.
KAREN NELSON MOORE, Circuit Judge. In this case the defendant, Marvin Goodman (“Goodman”), challenges the district court’s use of a 1993 Tennessee escape conviction for an enhancement to his sentence under the Armed Career Criminal Act (“ACCA”). Although it is possible that a Tennessee court might no longer consider a violation of house arrest to qualify as an escape under Tennessee law, precedent binds us to consider that conviction a violent felony until such time that Goodman can overturn or expunge that conviction. Goodman also challenges the district court’s decision to give him a one-level enhancement for possessing a firearm in connection with a controlled-substance offense. The evidence before the district court did not establish that the firearm was possessed in connection with a controlled-substance offense. We therefore VACATE Goodman’s sentence and REMAND to the district court for resentencing consistent with this opinion.
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In re: TRIPLE S RESTAURANTS, INC., Debtor. ______________________________ DONALD M. HEAVRIN, Appellant, v. J. BAXTER SCHILLING, Appellee. |
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Appeal from the United States District Court
for the Western District of Kentucky at Louisville.
No. 06-00407—John G. Heyburn II, Chief District Judge.
Submitted: January 16, 2008
Decided and Filed: March 17, 2008
Before: MARTIN, GIBBONS, and GRIFFIN, Circuit Judges.
BOYCE F. MARTIN, JR., Circuit Judge. Donald Heavrin appeals the district court’s decision affirming the bankruptcy court’s dismissal of his claim for intentional infliction of emotional distress, and imposition of sanctions. We AFFIRM.