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U.S. v. KOUFOS

Nos. 10-2195, 10-2199, 10-2200.

663 F.3d 1145 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. George John KOUFOS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 17, 2011.

Attorney(s) appearing for the Case

Richard Winterbottom , Assistant Federal Public Defender, Office of the Federal Public Defender for the State of New Mexico, Albuquerque, NM, for Defendant-Appellant.

Laura Fashing , Assistant U.S. Attorney, ( Kenneth J. Gonzales , United States Attorney, with her on the brief) Office of the United States Attorney for the State of New Mexico, Albuquerque, NM, for Plaintiff-Appellee.

Before BRISCOE, Chief Judge, TYMKOVICH, Circuit Judge, and FREUDENTHAL, District Judge.

FREUDENTHAL, District Judge.

It is a federal crime for a convicted felon to be in unlawful possession of a firearm. 18 U.S.C. § 922(g)(1). Under the United States Sentencing Guideline Manual (USSG), the ordinary base offense level for such conduct is level 14.1 However, if the unlawful possession occurred after the felon had a prior felony conviction for a crime of violence, the base offense level increases to level 20. The instant...

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