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U.S. v. SAAVEDRA

No. 07-2192.

523 F.3d 1287 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Evan A. SAAVEDRA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 1, 2008.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Charles E. Knoblauch, Albuquerque, NM, for the Defendant-Appellant.

Laura Fashing, Assistant United States Attorney, (Larry Gomez, United States Attorney, with her on the brief) Office of the United States Attorney, Albuquerque, NM, for the Plaintiff-Appellee.

Before LUCERO, TYMKOVICH, and HOLMES, Circuit Judges.

LUCERO, Circuit Judge.

Evan A. Saavedra pleaded guilty to one count of being an addict or unlawful user of a controlled substance in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(3). Saavedra received a sentence of 21 months' imprisonment, which he now appeals. We conclude that the district court committed procedural error in calculating Saavedra's sentencing range, and therefore reverse and remand for resentencing.

I

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