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U.S. v. WHETZELL

No. 09-1463.

594 F.3d 624 (2010)

UNITED STATES of America, Appellee, v. Tommie WHETZELL, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 10, 2010.

Attorney(s) appearing for the Case

Ann M. Koszuth, Asst. Fed. Public Defender, Springfield, MO (Raymond C. Conrad, Jr., Fed. Public Defender, Kansas City, MO, on the brief), for appellant.

James J. Kelleher, Asst. U.S. Atty., Springfield, MO (Matt J. Whitworth, Acting U.S. Atty., Kansas City, MO, on the brief), for appellee.

Before MELLOY, BEAM, and GRUENDER, Circuit Judges.

MELLOY, Circuit Judge.

Appellant Tommie Whetzell pleaded guilty to possession of a firearm by a convicted felon, 18 U.S.C. § 922(g)(1), and to making a false statement to acquire a firearm, 18 U.S.C. § 922(a)(6). At sentencing, the district court1 calculated Appellant's base offense level to be twenty, finding that he had previously been convicted of housebreaking in a military court martial proceeding, and that such a crime...

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