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U.S. v. CHERRY

No. 08-7090.

572 F.3d 829 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Cedric Jamara CHERRY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 13, 2009.

Attorney(s) appearing for the Case

Robert Ridenour, Assistant Federal Public Defender (Julia L. O'Connell, Federal Public Defender; Barry L. Derryberry, Research & Writing Specialist, with him on the briefs), Office of Federal Public Defender, Eastern District of Oklahoma, Tulsa, OK, for Defendant-Appellant.

Robert Wallace, Assistant United States Attorney (Sheldon J. Sperling, United States Attorney, with him on the brief), Muskogee, OK, for Plaintiff-Appellee.

Before KELLY, BRISCOE, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

Cedric Cherry was indicted in the United States District Court for the Eastern District of Oklahoma for being a felon in possession of a firearm. See 18 U.S.C. § 922(g)(1). The charge resulted from an investigation into a gun fight that left one participant dead. Mr. Cherry pleaded guilty and the district court sentenced him to a 94-month term of incarceration. In calculating Mr. Cherry's sentencing range under the United States Sentencing...

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