U.S. v. FERNANDEZ

No. 99-14955.

234 F.3d 1345 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Armando Lazaro FERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 11, 2000.


Attorney(s) appearing for the Case

Kathleen M. Williams, Richard C. Klugh, Jr., Federal Public Defenders, Miami, FL, for Defendant-Appellant.

Eduardo I. Sanchez, Asst. U.S. Atty., Miami, FL, for Plaintiff-Appellee.

Before EDMONDSON and MARCUS, Circuit Judges, and RESTANI, Judge.


PER CURIAM:

This case presents this question: whether a plea of nolo contendere, where adjudication has been withheld, qualifies as a conviction for purposes of U.S.S.G. § 2K2.1(a)(2). The answer is "yes".

In 1999, Defendant was indicted for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1) (Count 1) and for having knowingly made a false statement to a firearms dealer, in violation of 18 U.S.C. § 922(a)(6...

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