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U.S. v. FORTENBURY

No. 89-2291.

917 F.2d 477 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Olious Lee FORTENBURY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 26, 1990.

Attorney(s) appearing for the Case

George A. Harrison, Albuquerque, N.M., for defendant-appellant.

William L. Lutz, U.S. Atty., and David N. Williams, Asst. U.S. Atty., Albuquerque, N.M., for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, and LOGAN and BALDOCK, Circuit Judges.

LOGAN, Circuit Judge.

Defendant Olious Lee Fortenbury appeals the sentence imposed following his guilty plea to possession of a firearm by a felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a). Pursuant to the Sentencing Guidelines, defendant's offense level was calculated to be 7, and he was placed in criminal history category I. The district court determined, based on the presentencing report, that level 7, category I did not reflect the seriousness...

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