U.S. v. NOVEY

No. 89-6327.

922 F.2d 624 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Antoin NOVEY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 3, 1991.


Attorney(s) appearing for the Case

Thomas D. McCormick, Oklahoma City, Okl., Michael G. Katz, Federal Public Defender, and Jill M. Wichlens, Asst. Federal Public Defender, Denver, Colo., on the briefs, for defendant-appellant.

Timothy D. Leonard, U.S. Atty. and Frank Michael Ringer, Asst. U.S. Atty., W.D. Okl., Oklahoma City, Okl., on the briefs for plaintiff-appellee.

Before McKAY, SEYMOUR and BRORBY, Circuit Judges.


McKAY, Circuit Judge.

This appeal arises from a sentence entered by the district court following the defendant's guilty plea on two counts of a seven-count indictment. The defendant, Charles A. Novey, claims the district court erred by (1) classifying him as a career offender under the Federal Sentencing Guidelines; (2) increasing his punishment as a career offender when the government failed to allege both prior offenses in its notice filed pursuant to 21 U.S.C....

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