U.S. v. NICHOLS

No. 05-30503.

464 F.3d 1117 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Kevin Wesley NICHOLS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 6, 2006.


Attorney(s) appearing for the Case

Philip E. Nino, Spokane, WA, for the defendant-appellant.

Earl A. Hicks, Assistant United States Attorney, Spokane, WA, for the plaintiff-appellee.

Before WALLACE, WARDLAW and FISHER, Circuit Judges.


FISHER, Circuit Judge.

Kevin Nichols appeals his 57-month sentence following his guilty plea conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). We have jurisdiction under 28 U.S.C. § 1291.

Nichols challenges the district court's enhancement of his base offense level under U.S.S.G. § 2K2.1(b)(5), which provides for a four-level increase "[i]f the defendant used or possessed any firearm . . . in connection...

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