U.S. v. CONCHA

No. 99-2171.

233 F.3d 1249 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Santana CONCHA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 1, 2000.


Attorney(s) appearing for the Case

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

Robert D. Kimball, Assistant United States Attorney (John J. Kelly, United States Attorney, with him on the brief), Albuquerque, New Mexico, for Plaintiff-Appellee.

Before BALDOCK, HOLLOWAY, and EBEL, Circuit Judges.


EBEL, Circuit Judge.

Joseph Santana Concha was convicted of assault and of being a felon in possession of a firearm. Because he had at least three previous convictions for violent felonies, his sentence was enhanced under the Armed Career Criminal Act. On appeal, Concha challenges both his conviction and the sentence enhancement. We have jurisdiction under 18 U.S.C. § 3742(a) and 28 U.S.C. § 1291.

Concha argues that his conviction must be reversed...

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