U.S. v. CONSTANTINE

No. 00-2115.

263 F.3d 1122 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Paul CONSTANTINE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 13, 2001.


Attorney(s) appearing for the Case

Roger A. Finzel, Assistant Federal Public Defender (Scott M. Davidson, Research and Writing Specialist, with him on the briefs), Albuquerque, New Mexico, for Defendant-Appellant.

Louis E. Valencia, Assistant U.S. Attorney (Norman C. Bay, United States Attorney, with him on the brief), Albuquerque, New Mexico, for Plaintiff-Appellee.

Before SEYMOUR, PORFILIO and KELLY, Circuit Judges.


SEYMOUR, Circuit Judge.

Paul Constantine pled guilty to one count of possession of an unregistered firearm and was sentenced to thirty-five months in prison. He appeals the district court's computation of his sentence and refusal to depart downward from the sentencing guidelines. We affirm.

I

Background

On the night of September 18, 1998, residents of a home in Albuquerque heard the sounds of a break-in as they sat in their bedroom watching...

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