U.S. v. MATTHEWS

No. 98-10499.

278 F.3d 880 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. James Earl MATTHEWS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 29, 2002.


Attorney(s) appearing for the Case

John C. Lambrose and Paul G. Turner, Assistant Federal Public Defenders, Las Vegas, NV, for the defendant-appellant.

Peter Ko, Assistant United States Attorney, Las Vegas, NV, for the plaintiff-appellee.

Before: SCHROEDER, Chief Judge, and B. FLETCHER, KOZINSKI, O'SCANNLAIN, FERNANDEZ, T.G. NELSON, GRABER, McKEOWN, WARDLAW, PAEZ, and BERZON, Circuit Judges.


Argued and Submitted En Banc September 24, 2001.

OPINION

PAEZ, Circuit Judge.

Defendant James Earl Matthews ("Matthews") was convicted of one count of being a felon in possession of a firearm and sentenced as an Armed Career Criminal to 280 months in prison under 18 U.S.C. § 924(e) and United States Sentencing Guidelines Manual § 4B1.4(b)(3)(B). Matthews appealed both the underlying conviction and his sentence. We have jurisdiction under...

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