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U.S. v. VARELA

No. 08-2275.

586 F.3d 1249 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Mauricio VARELA, a/k/a Mauricio Varela, a/k/a Archie Varela, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 18, 2009.

Attorney(s) appearing for the Case

Leon Schydlower, El Paso, TX, for Defendant-Appellant.

Teresa L. Raymond, (Gregory J. Fouratt, United States Attorney, and Laura Fashing, Assistant United States Attorney, Albuquerque, NM, on the brief), Assistant United States Attorney, Las Cruces, NM, for Plaintiff-Appellee.

Before BRISCOE, McWILLIAMS, and MURPHY, Circuit Judges.

BRISCOE, Circuit Judge.

Defendant Jose Mauricio Varela a/k/a Mauricio Varela a/k/a Archie Varela ("Varela") was convicted by jury trial of being a felon in possession of multiple firearms, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). The district court sentenced Varela to 120 months' imprisonment, the statutory maximum. Varela appeals his sentence, alleging the district court committed procedural error when it applied a cross reference in U.S.S...

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