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U.S. v. WISEMAN

No. 01-2122.

297 F.3d 975 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Lonnie Ray WISEMAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 18, 2002.

Attorney(s) appearing for the Case

Glynette R. Carson McNabb, Assistant United States Attorney, (Norman C. Bay, United States Attorney; David N. Williams, Assistant United States Attorney, with her on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Jacquelyn Robins, Albuquerque, NM, Court Appointed Attorney for Defendant-Appellant.

Before MURPHY, McWILLIAMS, and HARTZ, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

Appellant Lonnie Ray Wiseman was convicted, inter alia, of two counts of using a firearm during the commission of a crime of violence in violation of 18 U.S.C. § 924(c)(1). The jury was not instructed to find the type of firearm used. Wiseman was nevertheless sentenced to a ten-year term of imprisonment for the first § 924(c)(1) conviction based on the trial court's finding that the firearm was a semiautomatic...

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