U.S. v. PAXTON

No. 04-1427.

422 F.3d 1203 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Bryan Kane PAXTON, a/k/a Bryan Karl Paxton, a/k/a Bryon Kane Paxton, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 9, 2005.


Attorney(s) appearing for the Case

Edward R. Harris, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with him on the brief), Denver, Colorado, for the Defendant-Appellant.

Jerry N. Jones, Assistant United States Attorney (Gregory A. Holloway and John M. Hutchins, Assistant United States Attorneys, and William J. Leone, Acting United States Attorney, on the brief), Denver, Colorado, for the Plaintiff-Appellee.

Before TACHA, Chief Circuit Judge, McWILLIAMS, and HARTZ, Circuit Judges.


HARTZ, Circuit Judge.

Defendant Bryan Kane Paxton pleaded guilty to one count of violating 18 U.S.C. § 922(g)(1) by being a felon in possession of a firearm. The Presentence Report (PSR) concluded that Mr. Paxton's prior Colorado third-degree-assault conviction was a crime of violence and recommended a base offense level of 20. See United States Sentencing Guidelines (USSG) §§ 2K2.1(a)(4)(A) (guideline for unlawful possession of firearms); 4B1...

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