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U.S. v. SMITH

No. 04-5085.

433 F.3d 714 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Clyde Dwayne SMITH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 4, 2006.

Attorney(s) appearing for the Case

Barry L. Derryberry, Research and Writing Specialist, Office of the Federal Public Defender (Paul D. Brunton, Federal Public Defender with him on the brief) for Defendant-Appellant.

Leena M. Alam, Assistant United States Attorney (David E. O'Meilia, United States Attorney, and Kevin Danielson, Assistant United States Attorney, with her on the brief) for Plaintiff-Appellee.

Before O'BRIEN, BALDOCK, and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

This appeal presents the interesting question of how to interpret the United States Sentencing Guidelines when the application notes suggest a broader interpretation than the plain language.

I.

Defendant Clyde Smith pleaded guilty to possession of a firearm and ammunition after former conviction of a felony, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). The Presentence Investigation Report ("PSR") calculated...

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