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U.S. v. SMITH

No. 07-6206.

531 F.3d 1261 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Billy Dwight SMITH, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 11, 2008.

Attorney(s) appearing for the Case

James L. Hankins, Ogle & Welch, P.C., Oklahoma City, OK, for Defendant-Appellant.

David L. Walling, Assistant United States Attorney (Timothy W. Ogilvie, Assistant United States Attorney, and John C. Richter, United States Attorney, on the brief), Oklahoma City, OK, for Plaintiff-Appellee.

Before MURPHY, McKAY, and TYMKOVICH, Circuit Judges.

McKAY, Circuit Judge.

Defendant appeals his conviction under 18 U.S.C. § 1623(a) for attaching a document he knew to be false to a motion filed in a federal district court under penalty of perjury.

BACKGROUND

In February 2001, Defendant was convicted of being a felon in possession of a firearm. At sentencing, the district court found that he qualified for an enhancement under the Armed Career Criminal Act and sentenced him to a 210-month term...

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