U.S. v. AUSTIN

No. 04-1387.

426 F.3d 1266 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Antone Raymond AUSTIN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 14, 2005.


Attorney(s) appearing for the Case

John A. Chanin, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with him on the briefs), Denver, CO, for Defendant-Appellant.

Martha Ann Paluch, Assistant United States Attorney (William J. Leone, Acting United States Attorney, and Philip A. Brimmer, Assistant United States Attorney, with her on the briefs), Denver, CO, for Plaintiff-Appellee.

Before SEYMOUR, Circuit Judge, BRORBY, Senior Circuit Judge, and McCONNELL, Circuit Judge.


BRORBY, Senior Circuit Judge.

Appellant Antone Raymond Austin pled guilty to one count of possession of a firearm by a prohibited person in violation of 18 U.S.C. § 922(g)(1). He appeals the enhancement of his sentence based on his prior Colorado conviction for sexual assault on a child, which he contends the district court improperly characterized as a crime of violence, in violation of the Supreme Court's decision...

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