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U.S. v. FELL

No. 06-1438.

511 F.3d 1035 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Nathaniel J. FELL, also known as Romeo, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 18, 2007.

Attorney(s) appearing for the Case

Stephen M. Wheeler, Wheeler Law Offices, P.C., Evergreen, CO, for Appellant.

James C. Murphy, Assistant United States Attorney (Troy A. Eid, United States Attorney, with him on the briefs), Denver, CO, for Appellee.

Before TACHA, Chief Judge, BRISCOE, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. Introduction

Defendant-Appellant, Nathaniel J. Fell, entered a guilty plea to a charge of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). A Presentence Investigation Report ("PSR") recommended that Fell be sentenced as an armed career criminal. See 18 U.S.C. § 924(e). Fell objected to the recommendation, arguing his prior Colorado state conviction for conspiracy to commit...

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