Nos. 97-2341, 97-2342.

158 F.3d 492 (1998)

UNITED STATES of America, Plaintiff-Appellant, v. David Yazzie JONES, Jr., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 8, 1998.

Attorney(s) appearing for the Case

Richard A. Friedman (John J. Kelly, United States Attorney, and Kathleen Bliss, Assistant United States Attorney, Albuquerque, New Mexico, with him on the briefs), Department of Justice, Washington, D.C., for Plaintiff-Appellant.

Thomas B. Jameson, Assistant Federal Public Defender, Albuquerque, New Mexico, for Defendant-Appellee.

Before BRORBY, HOLLOWAY, and EBEL, Circuit Judges.

BRORBY, Circuit Judge.

David Yazzie Jones pled guilty to one count of possession of a firearm by a prohibited person, in violation of 18 U.S.C. § 922(g)(8), and one count of providing false information to obtain a firearm, in violation of 18 U.S.C. § 922(a)(6). After departing downward three levels under the United States Sentencing Guidelines (U.S.S.G.),1 the district court sentenced Mr. Jones to six

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