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U.S. v. KING

No. 04-2137.

422 F.3d 1055 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. David Louis KING, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 31, 2005.

Attorney(s) appearing for the Case

Amy Sirignano, Assistant United States Attorney, (and David C. Iglesias, United States Attorney, with her on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Kenneth A. Gleria, Albuquerque, NM, for Defendant-Appellant.

Before KELLY, BALDOCK, and HARTZ, Circuit Judges.

KELLY, Circuit Judge.

Defendant-Appellant David Louis King pleaded guilty to one count of being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2) and was sentenced to 180 months imprisonment under the Armed Career Criminal provisions in 18 U.S.C. § 924(e) ("Armed Career Criminal Act" or "ACCA") and U.S.S.G. § 4B1.4. On appeal, he challenges his sentence arguing that (1) the district court erred in characterizing...

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