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U.S. v. BANASHEFSKI

No. 89-2282.

928 F.2d 349 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth John BANASHEFSKI, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 19, 1991.

Attorney(s) appearing for the Case

Peter Schoenburg, Asst. Federal Public Defender, Albuquerque, N.M., for defendant-appellant.

Robert J. Gorence, Asst. U.S. Atty., Albuquerque, N.M. (William L. Lutz, U.S. Atty., and Stephen R. Kotz, Asst. U.S. Atty., on the brief), for plaintiff-appellee.

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

HOLLOWAY, Chief Judge.

In this case, we examine defendant-appellant Banashefski's contention that the district court erroneously factored in an earlier state court conviction as a "prior sentence" in augmenting his sentence following a guilty plea to possession of a firearm by a felon in violation of 18 U.S.C. §§ 922(g)(2), 924(a)(2). Because we conclude that Banashefski's convictions were based on separable instances of conduct, we affirm.

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