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U.S. v. CLARK

No. 05-10480.

452 F.3d 1082 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Joey CLARK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 5, 2006.

Attorney(s) appearing for the Case

Mario D. Valencia, Henderson, NV, for the appellant.

Daniel G. Bogden and Robert L. Ellman (argued), U.S. Department of Justice, Las Vegas, NV, for the appellee.

Before: B. FLETCHER, KOZINSKI, and FISHER, Circuit Judges.

BETTY B. FLETCHER, Circuit Judge:

Joey Clark appeals his 46-month sentence for unlawful possession of a firearm. He asserts that the district court violated United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), by failing to treat the United States Sentencing Guidelines ("Sentencing Guidelines" or "Guidelines") as advisory; applied the Guidelines in an unreasonable...

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