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U.S. v. DELL

No. 03-4029.

359 F.3d 1347 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Paul Jay DELL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Filed March 8, 2004.

Attorney(s) appearing for the Case

Submitted on the briefs:* Paul M. Warner, United States Attorney, and Wayne T. Dance, Assistant United States Attorney for the Plaintiff-Appellee.

Steven B. Killpack, Federal Public Defender, and Scott Keith Wilson, Assistant Federal Public Defender, for the Defendant-Appellant.

Before KELLY, BRISCOE, and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

In this direct criminal appeal, Paul Jay Dell argues that the district court erred in calculating his sentencing guideline range by counting a plea in abeyance as a prior conviction for purposes of U.S.S.G. § 2K2.1(a)(4)(A). We exercise jurisdiction pursuant to 18 U.S.C. § 3742(a)(2) and 28 U.S.C. § 1291 and AFFIRM.

I

In October 2002, Dell was convicted of being a felon in possession of a firearm...

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