U.S. v. ARCHULETA

No. 96-2269.

128 F.3d 1446 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Joseph ARCHULETA, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 17, 1997.


Attorney(s) appearing for the Case

Richard A. Friedman, Department of Justice, Washington, DC (John J. Kelly, U.S. Attorney, and James T. Martin, Asst. U.S. Atty., Albuquerque, NM, with him on the briefs), for Appellant.

J. Wayne Griego, Albuquerque, NM, for Appellee.

Before ANDERSON, EBEL and LUCERO, Circuit Judges.


ANDERSON, Circuit Judge.

Joseph Archuleta pleaded guilty to one count of providing false statements in the acquisition of a firearm in violation of 18 U.S.C. § 922(a)(6), and to one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). At sentencing, the district court departed downward eight levels from the guideline range and imposed a sentence of five months' imprisonment, five months' home confinement, and three years...

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