U.S. v. McCONNELL

No. 09-3036.

605 F.3d 822 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Jason C. McCONNELL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 19, 2010.


Attorney(s) appearing for the Case

Melody Evans, Assistant Federal Public Defender (Cyd Gilman, Federal Public Defender, with her on the brief), Topeka, Kansas, for Defendant-Appellant.

James A. Brown, Assistant United States Attorney (Lanny D. Welch, United States Attorney, with him on the brief), Topeka, Kansas, for Plaintiff-Appellee.

Before HENRY, ANDERSON and TYMKOVICH, Circuit Judges.


HENRY, Circuit Judge.

Jason McConnell pleaded guilty to one count of possessing a firearm after conviction of a felony, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). In calculating the advisory range of sentences under the United States Sentencing Guidelines (USSG), the district court determined that Mr. McConnell's prior Kansas conviction for fleeing and eluding a law enforcement officer under Kan. Stat. Ann. § 8-1568 constituted a "crime of...

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