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U.S. v. FRY

No. 94-40741 Summary Calendar.

51 F.3d 543 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. William Bonnie FRY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 25, 1995.

Attorney(s) appearing for the Case

James Essig (court appointed), Houston, TX, for appellant.

John B. Stevens, Jr., Asst. U.S. Atty., Mike Bradford, U.S. Atty., Beaumont, TX, for appellant.

Before SMITH, EMILIO M. GARZA and PARKER, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

I.

Pursuant to a plea bargain, William Fry pled guilty to possession of firearms by a felon under 18 U.S.C. § 922(g)(1). The presentence report (PSR) stated that Fry's crime carried a base offense level of 22 under U.S.S.G. § 2K2.1(a)(3) because he had a prior felony conviction for involuntary manslaughter and because one of the firearms involved in the instant offense was a machine-gun. The PSR further recommended...

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