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U.S. v. SPRENGER

No. 10-5005.

625 F.3d 1305 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Abram Josiah SPRENGER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 22, 2010.

Attorney(s) appearing for the Case

Fred Randolph Lynn , Tulsa, OK, for Defendant-Appellant.

Leena Alam , Assistant United States Attorney, ( Thomas Scott Woodward , United States Attorney, Northern District of Oklahoma, on the brief), Tulsa, OK, for Plaintiff-Appellee.

Before KELLY, LUCERO, and HOLMES, Circuit Judges.

KELLY, Circuit Judge.

Defendant-Appellant Abram Sprenger appeals from his conviction of conspiracy to willfully transfer firearms to a person residing outside of his state of residence (Oklahoma). He was sentenced to 27 months' imprisonment and three years' supervised release. On appeal, he argues that the statute of conviction does not proscribe his conduct and that the district court constructively amended the indictment by not instructing on one of the objects...

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