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U.S. v. JOHNSON

No. 98-30346.

205 F.3d 1197 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Alphonzo Leon JOHNSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 8, 2000.

Attorney(s) appearing for the Case

Nancy Bergeson, Assistant Federal Public Defender, Portland, Oregon, for the defendant-appellant.

Baron C. Sheldahl, Assistant United States Attorney, Portland, Oregon, for the plaintiff-appellee.

Before: LEAVY, FERNANDEZ, and THOMAS, Circuit Judges.

LEAVY, Circuit Judge:

Alphonzo Leon Johnson appeals his sentence for being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g) and 924(a)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291. We conclude that the district court erred when it included two juvenile sentences in calculating Johnson's criminal history category, because Johnson was not confined on the juvenile sentences within five years of the commencement of his federal...

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