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U.S. v. TURNER

No. 02-11390.

349 F.3d 833 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. David Earl TURNER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 29, 2003.

Attorney(s) appearing for the Case

Bret E. Helmer (argued), Nancy E. Larson, Asst. U.S. Atty., Fort Worth, TX, for Plaintiff-Appellee.

Marc F. Gault (argued), Fort Worth, TX, for Defendant-Appellant.

Before BARKSDALE, DeMOSS and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

David Turner appeals his sentence imposed by the district court after this Court vacated his initial sentence and remanded for resentencing.

I. Background

Turner pleaded guilty to possession of a firearm by a convicted felon. Section 2K2.1 of the United States Sentencing Guidelines provides for a base offense level of 20 if the defendant is convicted of possessing a weapon after sustaining a felony conviction of a...

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