U.S. v. FORSYTHE

No. 04-1541.

437 F.3d 960 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Shannon FORSYTHE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Ordered Published February 15, 2006.


Attorney(s) appearing for the Case

Submitted on the brief:*

Edward A. Pluss, Assistant Federal Public Defender, (Raymond P. Moore, Federal Public Defender, with him on the brief), Denver, CO, for Defendant-Appellant.

Before HARTZ, SEYMOUR, and McCONNELL, Circuit Judges.


McCONNELL, Circuit Judge.

Shannon Forsythe pleaded guilty in 2004 to possession of a weapon by a previously convicted felon, in violation of 18 U.S.C. § 922(g)(1). Seven years earlier, he had entered a plea of guilty to third-degree burglary under New Jersey law. During sentencing on the 2004 possession charge, a question arose as to whether his prior conviction was for burglary of a dwelling, and therefore constituted a "crime of violence," as defined in §...

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