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U.S. v. GOLDING

No. 02-50403.

332 F.3d 838 (2003)

UNITED STATES of America, Plaintiff-Appellant-Cross-Appellee, v. Kenneth Dwayne GOLDING, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

May 30, 2003.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., San Antonio, TX, for United States.

Alan D. Albright, Gray, Cary, Ware & Freidenrich, Stephen M Orr, Orr & Olavson, Austin, TX, for Golding.

Before SMITH, WIENER, and BARKSDALE, Circuit Judges.

PER CURIAM:

Plaintiff-Appellant-Cross-Appellee United States of America ("government") appeals from the district court's decision not to classify Defendant-Appellee-Cross-Appellant Kenneth D. Golding's prior conviction for the unlawful possession of a machine gun as a conviction for a "crime of violence" under § 4B1.2(a) of the United States Sentencing Guidelines ("Guidelines"). As we determine that the unlawful possession of a machine gun is a "crime of violence...

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