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U.S. v. FREITEKH

No. 89-3167.

912 F.2d 421 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Abdelrazak A. FREITEKH also known as Anthony Freitekh, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 24, 1990.

Attorney(s) appearing for the Case

Peter John Orsi, II, Wichita, Kan., for defendant-appellant.

Kim I. Martin, Asst. U.S. Atty. (Lee Thompson, U.S. Atty., D. Kan., also on the brief), Wichita, Kan., for plaintiff-appellee.

Before McKAY and BALDOCK, Circuit Judges, and COOK, District Judge.

McKAY, Circuit Judge.

This is an appeal from a sentence imposed by the district court which included an upward departure from the applicable sentencing range under the Federal Sentencing Guidelines.

I. FACTS

On September 23, 1988, Mr. Freitekh pleaded guilty to the unlawful receipt of a firearm in violation of 18 U.S.C. § 922(g)(1) (1988). On October 27, 1988, he was arrested on two state charges of aggravated assault. He was sentenced on the...

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