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U.S. v. MOORE

No. 04-8091.

420 F.3d 1218 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Larry Allen MOORE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 30, 2005.

Attorney(s) appearing for the Case

Submitted on the briefs:1 Raymond P. Moore, Federal Public Defender, and Robert R. Rogers, Assistant Federal Public Defender, Cheyenne, WY, for Defendant-Appellant.

Matthew H. Mead, United States Attorney, and Steven K. Sharpe, Assistant United States Attorney, Cheyenne, WY, for Plaintiff-Appellee.

Before EBEL, McKAY and HENRY, Circuit Judges.

EBEL, Circuit Judge.

This appeal requires us to decide whether a Nevada felony conviction for Driving Under the Influence ("DUI") is a "crime of violence" as defined in the United States Sentencing Guidelines. U.S. Sentencing Guidelines Manual, § 4B1.2 (2003). The district court determined that it is and accordingly increased Defendant-Appellant Larry Allen Moore's base offense level pursuant to USSG § 2K2.1(a)(4)(A). We agree that felony driving under the...

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