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U.S. v. ANKENY

No. 05-30457.

490 F.3d 744 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Kelly David ANKENY, Sr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Resubmitted June 5, 2007.

Filed June 19, 2007.

Attorney(s) appearing for the Case

Stephen R. Sady, Chief Deputy Federal Public Defender, Portland, OR, for the defendant-appellant.

Richard A. Friedman, Appellate Section, Criminal Division, United States Department of Justice, Washington, D.C., for the plaintiff-appellee.

Before: STEPHEN REINHARDT, A. WALLACE TASHIMA, and SUSAN P. GRABER, Circuit Judges.

Opinion by Judge GRABER; Dissent by Judge REINHARDT.

GRABER, Circuit Judge:

Defendant Kelly David Ankeny, Sr., was indicted on four counts of being a felon in possession of a firearm and one count of possession of an unregistered sawed-off shotgun. The district court denied his motion to suppress and, reserving the right to appeal that decision, Defendant pleaded guilty. The district court sentenced him to 262 months' imprisonment pursuant to the Armed Career...

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