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U.S. v. KELLEY

No. 04-1178.

402 F.3d 39 (2005)

UNITED STATES of America, Appellee, v. Kevin KELLEY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 22, 2005.

Attorney(s) appearing for the Case

Syrie D. Fried, with whom the Federal Defender Office was on brief, for appellant.

James F. Lang, Assistant U.S. Attorney, with whom Donald L. Cabell, Assistant U.S. Attorney, and Michael J. Sullivan, U.S. Attorney, were on brief, for appellee.

Before TORRUELLA, LYNCH and LIPEZ, Circuit Judges.

LYNCH, Circuit Judge.

In January of 2002, Kevin Kelley put a gun to the head of a man he thought was the manager of the Best Western Roundhouse Suites Hotel in Boston, in an attempt to steal the hotel receipts from that day. The man was not the manager, but was just a customer in his car in the parking lot, and all Kelley received was $70.00. As a result of this incident, Kelley was charged federally for being a felon in possession of a firearm (the gun Kelley used...

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