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U.S. v. DOZIER

No. 08-4086.

555 F.3d 1136 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Raphael DOZIER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 11, 2009.

Attorney(s) appearing for the Case

Steven B. Killpack, Federal Public Defender, and Scott Keith Wilson, Assistant Federal Public Defender, Salt Lake City, UT, for Defendant-Appellant.

Brett L. Tolman, United States Attorney, District of Utah, and Elizabethanne C. Stevens, Assistant United States Attorney, for Plaintiff-Appellee.

Before O'BRIEN, McKAY and GORSUCH, Circuit Judges.

O'BRIEN, Circuit Judge.

Raphael Dozier was sentenced to 18 months imprisonment after pleading guilty to possession of a firearm by a convicted felon. He contends the district court erred by including in his criminal history computation the period of incarceration imposed by a state court upon revocation of a suspended sentence when the revocation resulted from the same conduct that is the basis of the instant offense. We affirm.

I. BACKGROUND

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