U.S. v. GOODEN

No. 96-10601.

116 F.3d 721 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Bruce GOODEN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 17, 1997.


Attorney(s) appearing for the Case

William Bryan Mateja, Lubbock, TX, for Plaintiff-Appellee.

Helen Miller Liggett, Assistant Federal Public Defender, Lubbock, TX, for Defendant-Appellant.

Before REAVLEY, JOLLY and BENAVIDES, Circuit Judges.


BENAVIDES, Circuit Judge:

This direct criminal appeal involves an issue of first impression: whether, in the context of determining a defendant's base offense level under U.S.S.G. § 2K2.1(a)(4)(A), the term "prior felony conviction" encompasses a conviction that was not sustained until after the defendant committed the offense at issue, but prior to being sentenced. In short, we determine whether the term "prior" refers to convictions sustained prior to sentencing...

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