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U.S. v. ORTIZ

No. 94-4180.

63 F.3d 952 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Julio ORTIZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 8, 1995.

Attorney(s) appearing for the Case

Gordon W. Campbell, Asst. U.S. Atty., Salt Lake City, UT (Scott M. Matheson, Jr., U.S. Atty., with him on the brief), for plaintiff-appellee.

Robert Breeze, Salt Lake City, UT, for defendant-appellant.

Before KELLY and McKAY, Circuit Judges, and COOK, District Judge.

KELLY, Circuit Judge.

Defendant-Appellant Julio Ortiz entered a conditional plea to unlawful possession of a firearm with an obliterated manufacturer's serial number, 18 U.S.C. § 922(k). He now appeals the district court's denial of his motion to suppress, and its application of the Sentencing Guidelines. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), and we affirm the conviction, but remand for resentencing.

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