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U.S. v. MOJICA

No. 99-4131.

214 F.3d 1169 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Efren Rios MOJICA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 30, 2000.

Attorney(s) appearing for the Case

Submitted on the briefs:

Paul M. Warner, United States Attorney, and Barbara Bearnson, Assistant United States Attorney, Salt Lake City, Utah, for Plaintiff-Appellee.

Robert L. Booker and Edward W. McBride, Jr., of Booker & Associates, Salt Lake City, Utah, for Defendant-Appellant.

Before KELLY, McKAY, and HENRY, Circuit Judges.

McKAY, Circuit Judge.

Efren Rios Mojica appeals from a twenty-seven month sentence imposed for violation of 18 U.S.C. § 922(g)(9). He contends that the court erred in holding as a matter of law that § 2K2.1(b)(2) of the United States Sentencing Guidelines Manual [hereinafter "U.S.S.G."] does not apply to his crime. Our jurisdiction arises under 28 U.S.C. § 1291, and we reverse.1

BACKGROUND

Although the...

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