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U.S. v. MARTINEZ

No. 09-6049.

602 F.3d 1166 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Celso Tolon MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 19, 2010.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Raymond P. Moore, Federal Public Defender, (Vicki Mandell-King, Assistant Federal Public Defender, with him on the briefs), Denver, CO, for Defendant-Appellant.

Robert J. Troester, Acting United States Attorney, (Chris M. Stephens, Assistant United States Attorney, with him on the brief), Oklahoma City, OK, for Plaintiff-Appellee.

Before HARTZ, SEYMOUR, and GORSUCH, Circuit Judges.

HARTZ, Circuit Judge.

Celso Tolon Martinez was sentenced to 180 months' imprisonment by the United States District Court for the Western District of Oklahoma. The only questions on appeal are whether his two prior attempted-burglary convictions in Arizona should have been used to enhance his sentence under the United States Sentencing Guidelines and under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e). The...

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