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U.S. v. MARTINEZ-HERNANDEZ

No. 04-2101.

422 F.3d 1084 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Eduardo MARTINEZ-HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 2, 2005.

Attorney(s) appearing for the Case

Thomas L. Wright, El Paso, TX, for Defendant-Appellant.

Norman Cairns, Assistant United States Attorney, (David C. Iglesias, United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before O'BRIEN, McCONNELL, and TYMKOVICH, Circuit Judges.

McCONNELL, Circuit Judge.

This case requires us to determine whether a prior California conviction for possession of a weapon was a "firearms offense" within the meaning of the Sentencing Guidelines, § U.S.S.G. 2L1.2(b)(1)(A), where the state statute under which the defendant was convicted encompassed a wide variety of weapons, including many that are not firearms, but the police report indicated that the defendant's weapon was a sawed-off shotgun.

I...

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