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U.S. v. FISH

No. 03-30362.

368 F.3d 1200 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Floyd Lovell FISH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 28, 2004.

Attorney(s) appearing for the Case

Stephen R. Sady (argued), Portland, OR, for the defendant-appellant.

Karin J. Immergut, and Michael J. Brown (argued), Portland, OR, for the plaintiff-appellee.

Before REINHARDT, SILVERMAN, and CLIFTON, Circuit Judges.

CLIFTON, Circuit Judge:

Floyd Lovell Fish appeals his sentence of 51 months incarceration and three years of supervised release imposed following his guilty plea to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). In setting Fish's base offense level at 20, the district court concluded that Fish's prior conviction for violation of Or. Rev. Stat. § 166.382, which prohibits the "unlawful possession of a destructive device," constituted...

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