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U.S. v. MARTINEZ

No. 02-3249.

339 F.3d 759 (2003)

UNITED STATES of America, Plaintiff — Appellee, v. William MARTINEZ, also known as William T. Melvin, Defendant — Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 12, 2003.

Motion to Modify has been denied: September 22, 2003.

Attorney(s) appearing for the Case

David R. Mercer, argued, Asst. Fed. Public Defender, Springfield, MO, for appellant.

David C. Jones, argued, Asst. U.S. Atty., Springfield, MO (Todd P. Graves, U.S. Atty., on the brief, Philip M. Koppe, Asst. U.S. Atty., on motion to modify, Kansas City, MO), for appellee.

Before MORRIS SHEPPARD ARNOLD, BEAM, and MELLOY, Circuit Judges.

Appellee's Motion to Modify has been denied: September 22, 2003.

MELLOY, Circuit Judge.

William Martinez pled guilty to being an unlawful user of a controlled substance and a felon in possession of firearms, in violation of 18 U.S.C. §§ 922(g)(1), (3), and 924(a)(2). Over Martinez's objections, the district court imposed a two-level specific-offense enhancement under U.S.S.G. § 2K2.1(b)(4) because one of the two firearms was stolen, and a four...

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