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U.S. v. GARCIA

No. 08-2246.

577 F.3d 1271 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Phillip Angel GARCIA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 24, 2009.

Attorney(s) appearing for the Case

Michael A. Keefe, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant.

Laura Fashing, Assistant United States Attorney (Gregory J. Fouratt, United States Attorney, with her on the briefs), Albuquerque, NM, for Plaintiff-Appellee.

Before KELLY and LUCERO, Circuit Judges, and EAGAN, District Judge.

LUCERO, Circuit Judge.

Phillip Angel Garcia pled guilty to possession of a firearm and ammunition after a felony conviction in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). Prior to sentencing, Garcia moved to withdraw his plea. The district court denied his motion and sentenced Garcia to 188 months' imprisonment. On appeal, Garcia argues that the court erred in concluding that he had not presented a "fair...

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