U.S. v. ALVARADO PEREZ

No. 08-5078.

609 F.3d 609 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Jaime Alejandro ALVARADO PEREZ, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 1, 2010.


Attorney(s) appearing for the Case

ARGUED: Eun Kyung Cho, Hall & Cho, PC, Rockville, Maryland, for Appellant. Michael Joseph Leotta, Office of the United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: Rod J. Rosenstein, United States Attorney, Solette Magnelli, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee.

Affirmed by published opinion: Senior Judge ALARCÓN wrote the opinion, in which Judge GREGORY joined. Judge SHEDD wrote a separate concurring opinion.


OPINION

ALARCÓN, Senior Circuit Judge:

Jaime Alejandro Alvarado Perez ("Alvarado-Perez") entered a conditional plea to a one-count felony indictment of unlawful possession of a firearm and ammunition by a person previously convicted of a felony, in violation of 18 U.S.C. § 922(g)(1). He appeals from the district court's sentencing decision on two grounds: (1) the district court clearly erred by applying three sentencing enhancements pursuant to...

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