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U.S. v. AYERS

Docket No. 04-0103.

416 F.3d 131 (2005)

UNITED STATES of America, Appellee, v. Marshall A. AYERS, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: July 21, 2005.

Attorney(s) appearing for the Case

Paul J. Evangelista (Molly Corbett, on the brief), Albany, NY, for Defendant-Appellant.

Robert P. Storch, Senior Litigation Counsel (Glenn T. Suddaby, United States Attorney for the Northern District of New York; David M. Grable, Assistant United States Attorney, of counsel), United States Attorney's Office for the Northern District of New York, Albany, NY, for Appellee.

Before: SACK, RAGGI, and HALL, Circuit Judges.

PER CURIAM.

Defendant Marshall Ayers ("Ayers or defendant") pled guilty to one count of being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g) and 924(a)(2). On December 9, 2003, the United States District Court for the Northern District of New York (Lawrence E. Kahn, J.) sentenced defendant to a term of 71 months' imprisonment followed by three years of supervised release. In determining the appropriate Guideline range under...

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