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U.S. v. WHEELER

No. 02-5222.

330 F.3d 407 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Andre Scott WHEELER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 23, 2003.

Attorney(s) appearing for the Case

Debra Teufel Phillips (briefed), Asst. United States Attorney, S. Carrie Daughtrey (argued), United States Attorney's Office, Nashville, TN, for Plaintiff-Appellee.

Caryll S. Alpert (argued and briefed), Asst. Federal Public Defender, Federal Public Defender's Office, Nashville, TN, for Defendant-Appellant.

Before NELSON and COLE, Circuit Judges; ROSEN, District Judge.

OPINION

ROSEN, District Judge.

I. INTRODUCTION

Defendant/Appellant Andre Scott Wheeler appeals his sentence imposed following a 2002 guilty plea to possessing firearms as a convicted felon in violation of 18 U.S.C. § 922(g)(1). More specifically, Defendant contends that the District Court erred in calculating the criminal history points applicable to his prior sentence for a 1995 felony drug conviction by failing to exclude...

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