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U.S. v. LAIHBEN

No. 96-5174.

167 F.3d 1364 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Clifford LAIHBEN, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 18, 1999.

Attorney(s) appearing for the Case

Peter Birch, Asst. Fed. Pub. Defender, West Palm Beach, FL, for Defendant-Appellant.

Madeleine R. Shirley, Nina Stillman Mandel, Adalberto Jordan, Asst. U.S. Attys., Miami, FL, for Plaintiff-Appellee.

Before ANDERSON, DUBINA and BLACK, Circuit Judges.

BLACK, Circuit Judge:

Appellant Clifford Laihben appeals his 25-month sentence for conspiracy to make false statements to a federally licensed firearms dealer, in violation of 18 U.S.C. § 371. He asserts that the district court erred by increasing his base offense level under U.S.S.G. § 2K2.1(a)(4)(A).1 To resolve this issue, we must determine whether the language "had one prior felony conviction" includes a felony conviction...

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