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U.S. v. ORTEGA

No. 03-1756.

385 F.3d 120 (2004)

UNITED STATES of America, Appellee, v. John ORTEGA, Defendant-Appellant,

United States Court of Appeals, Second Circuit.

Decided: October 4, 2004.

Attorney(s) appearing for the Case

Timothy W. Hoover (MaryBeth Covert, of counsel, on the brief), Federal Public Defender's Office, Western District of New York, Buffalo, NY, for Defendant-Appellant.

Stephen Bazcynski, Assistant United States Attorney (Michael A. Battle, United States Attorney, Frederick J. Platek, Assistant United States Attorney, on the brief), Western District of New York, Buffalo, NY, for Appellee.

Before: MESKILL, McLAUGHLIN, and B.D. PARKER, Circuit Judges.

PER CURIAM.

Defendant-Appellant John Ortega appeals from a judgment of conviction and sentence by the United States District Court for the Western District of New York (Arcara, C.J.). He pled guilty under a plea agreement to being a felon in possession of a weapon, 18 U.S.C. § 922(g), and was sentenced principally to 57 months imprisonment, in part, on the basis of the District Court's application of a four-level enhancement under U.S.S.G. § 2K2.1...

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