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U.S. v. HAGGERTY

No. 92-5113.

4 F.3d 901 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. John Frederick HAGGERTY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 9, 1993.

Attorney(s) appearing for the Case

Allen J. Litchfield (Tony M. Graham, U.S. Atty., and Neal Kirkpatrick, Asst. U.S. Atty., on the briefs), Asst. U.S. Atty., Tulsa, OK, for plaintiff-appellee.

Ronald C. Bennett, Tulsa, OK, for defendant-appellant.

Before BRORBY, SETH, and HOLLOWAY, Circuit Judges.

BRORBY, Circuit Judge.

Mr. Haggerty entered a guilty plea to the crime of being a convicted felon in possession of a firearm. He appeals the sentencing court's decision that it had no power to depart downward from the Guideline Range.

While driving a pickup, Mr. Haggerty, a convicted felon, pointed a rifle at two boys who passed him in another car. Mr. Haggerty was charged in state court with the felony offense of pointing a firearm. Mr. Haggerty was allowed...

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