U.S. v. SHIPP

No. 10-5069.

644 F.3d 1126 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Vauda Virgle SHIPP, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 1, 2011.


Attorney(s) appearing for the Case

John Bennett , Amarillo, TX, for Appellant.

Joel-lyn A. McCormick , ( Thomas Scott Woodward , United States Attorney, with her on the brief), Assistant United States Attorney, Tulsa, OK, for Appellee.

Before TYMKOVICH, Circuit Judge, BRORBY, Senior Circuit Judge, and MATHESON, Circuit Judge.


MATHESON, Circuit Judge.

The sole question in this appeal is whether the district court erred in interpreting and applying this court's mandate when it resentenced defendant with an "armed career criminal" classification on remand from a prior appeal. Exercising our jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a)(2), we affirm.

I.

Mr. Shipp was convicted of possessing a firearm after a felony conviction. At sentencing, he was...

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