U.S. v. HERRERA

No. 03-1654.

375 F.3d 399 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Felix HERRERA, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 12, 2004.


Attorney(s) appearing for the Case

Andrew B. Birge (argued and briefed), U.S. Attorney's Office, Grand Rapids, MI, for Plaintiff-Appellee.

Lawrence J. Phelan (argued and briefed), Grand Rapids, MI, for Defendant-Appellant.

Before: RYAN and COOK, Circuit Judges; CLELAND, District Judge.


OPINION

CLELAND, District Judge.

Defendant Felix Herrera appeals a sentencing determination that qualified him as a career offender pursuant to § 4B1.1 of the United States Sentencing Guidelines (U.S.S.G.). Defendant claims that the trial court erred in concluding that his previous state felony convictions for attempted taking of a firearm from a peace officer, Mich. Comp. Laws § 750.479b(2), and...

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