U.S. v. SERAFIN

No. 07-8086.

562 F.3d 1105 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Richard SERAFIN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 14, 2009.


Attorney(s) appearing for the Case

Ronald G. Pretty, Cheyenne, WY, for Defendant-Appellant.

Gregory A. Phillips, Assistant United States Attorney (Kelly H. Rankin, United States Attorney, and David A. Kubichek, Assistant United States Attorney, United States Attorney's Office, Casper, WY, with him on the brief) United States Attorney's Office, Cheyenne, WY, for Plaintiff-Appellee.

Before KELLY, TYMKOVICH, Circuit Judges, and DeGIUSTI, District Judge.


TYMKOVICH, Circuit Judge.

Richard Serafin brings this direct appeal challenging his conviction for possessing a weapon in furtherance of a crime of violence and the commensurate mandatory 60-month sentence. Serafin contends possession of an unregistered weapon, in violation of 26 U.S.C. §§ 5841, 5845(a), 5861(d) and 5871, does not constitute a crime of violence under 18 U.S.C. § 924(c)(1).

Having jurisdiction under 28 U.S.C. § 1291 and...

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