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U.S. v. BUTLER

No. 06-5027.

485 F.3d 569 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Deshannon BUTLER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 7, 2007.

Attorney(s) appearing for the Case

Douglas Edward Snow, Assistant United States Attorney (David E. O'Meilia, United States Attorney, and Kevin Danielson, Assistant United States Attorney, on the briefs) Tulsa, OK, for Plaintiff-Appellee.

Robert A. Ridenour, Assistant Federal Public Defender (Paul D. Brunton, Federal Public Defender, on the briefs), Tulsa, OK, for Defendant-Appellant.

Before O'BRIEN, SEYMOUR and TYMKOVICH, Circuit Judges.

O'BRIEN, Circuit Judge.

A jury convicted Juan Butler of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), and an armed career criminal in possession of a firearm and ammunition, in violation of 18 U.S.C. § 924(e)(1). The district judge refused Butler's request to instruct the jury on justification, but made a downward departure from the sentencing guidelines in recognition of the unique circumstances of this case. Butler appeals...

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