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U.S. v. CONCHA

No. 01-2248.

294 F.3d 1248 (2002)

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

United States Court of Appeals, Tenth Circuit.

June 25, 2002.

Attorney(s) appearing for the Case

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

Robert D. Kimball, Assistant U.S. Attorney (David C. Iglesias, United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before SEYMOUR, BALDOCK and HARTZ, Circuit Judges.

SEYMOUR, Circuit Judge.

Joseph Santana Concha appeals the district court's upward departure from the sentencing guidelines. We affirm.

I.

Mr. Concha was convicted by a jury on two counts of misdemeanor simple assault in violation of 18 U.S.C. § 113(a)(5)1 and one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The district court originally enhanced his sentence under...

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