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U.S. v. CRUDUP

No. 03-1717.

375 F.3d 5 (2004)

UNITED STATES of America, Appellee, v. Aries D. CRUDUP, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 7, 2004.

Attorney(s) appearing for the Case

Edward C. Roy, Jr., Assistant Federal Public Defender, Office of the Federal Public Defender, on brief for appellant.

Donald C. Lockhart, Assistant United States Attorney, with whom Craig N. Moore, Acting United States Attorney, and Zechariah Chafee, Assistant United States Attorney, were on brief for appellee.

Before BOUDIN, Chief Judge, CYR, Senior Circuit Judge, and Howard, Circuit Judge.

CYR, Senior Circuit Judge.

Following his sentencing in the Rhode Island courts for violating probation, appellant Aries D. Crudup entered a guilty plea in federal district court on one count of possession of a firearm by a felon, see 18 U.S.C. § 922(g)(1).

At the time of the federal sentencing hearing, the applicable guidelines provided that, "[if] the defendant was on federal or state probation ... at the time of the instant offense, and has had...

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