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MARTIN v. RIOS

No. 06-1420.

472 F.3d 1206 (2007)

Robert Dale MARTIN, Petitioner-Appellant, v. Hector A. RIOS, Warden, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

January 3, 2007.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Robert D. Martin, pro se.

Troy A. Eid, United States Attorney, and John M. Hutchins, Assistant United States Attorney, Denver, CO, for Respondent-Appellee.

Before HARTZ, EBEL, and TYMKOVICH, Circuit Judges.

HARTZ, Circuit Judge.

Robert D. Martin, a prisoner at the Federal Correctional Institution in Florence, Colorado, challenges the determination by the Bureau of Prisons (BOP) that he is ineligible for a sentence reduction under 18 U.S.C. § 3621(e)(2)(B). We conclude that being a felon in possession of a firearm, see § 18 U.S.C. 922(g), is a felony "involv[ing] the carrying, possession, or use of a firearm" under 28 C.F.R. § 550.58(a)(1)(vi)(B...

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