U.S. v. KING

No. 92-2004.

979 F.2d 801 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Algie KING, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 13, 1992.


Attorney(s) appearing for the Case

Stephen R. Kotz, Asst. U.S. Atty. (Don J. Svet, U.S. Atty., with him on the brief), Albuquerque, N.M., for plaintiff-appellant.

Jeffrey J. Buckels, Albuquerque, N.M., for defendant-appellee.

Before LOGAN, HOLLOWAY and BARRETT, Circuit Judges.


LOGAN, Circuit Judge.

The only issue in this appeal is whether a New Mexico state conviction for conspiracy to commit a violent felony is a conviction of a violent felony for purposes of the sentence enhancement provisions of 18 U.S.C. § 924(e). We hold that it is not, and therefore affirm the district court's judgment to that effect.

After a jury trial, defendant Algie King was convicted of being a previously convicted felon in possession of a firearm...

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