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U.S. v. FENNELL

No. 94-7179.

65 F.3d 812 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Quinton Neal FENNELL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 30, 1995.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Gene V. Primomo of Wilcoxen, Wilcoxen & Primomo, Muskogee, OK, for defendant-appellant.

John Raley, United States Attorney, and Paul G. Hess, Assistant United States Attorney, Eastern District of Oklahoma, Muskogee, OK, for plaintiff-appellee.

Before SEYMOUR, Chief Judge, McKAY and HENRY, Circuit Judges.

McKAY, Circuit Judge.

Pursuant to a plea bargain struck with the government, Mr. Fennell pled guilty to possession of an automatic machine gun in violation of 18 U.S.C. § 922(o) and 18 U.S.C. § 2. He does not here contest his guilt. Mr. Fennell does, however, take issue with the sentence imposed upon him by the district court. The presentence report, concluding that Mr. Fennell had used his machine gun in connection with a felonious assault, recommended...

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