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U.S. v. GALLARDO-ORTIZ

No. 08-2292.

666 F.3d 808 (2012)

UNITED STATES of America, Appellee, v. Jorge Luis GALLARDO-ORTIZ, a/k/a Legend, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 24, 2012.

Attorney(s) appearing for the Case

Chauncey B. Wood , with whom Wood & Nathanson, LLP was on brief, for appellant.

Thomas F. Klumper , Assistant United States Attorney, with whom Nelson Pérez-Sosa , Assistant United States Attorney, Chief, Appellate Division, was on brief, for appellee.

Before HOWARD, SELYA and THOMPSON, Circuit Judges.

HOWARD, Circuit Judge.

By plea agreement, defendant-appellant Jorge Luis Gallardo-Ortiz pled guilty to two criminal counts involving his unlawful possession of ammunition and a firearm, a Glock Model 27, which is .40 caliber handgun capable of operating as a fully automatic machine gun. See 18 U.S.C. §§ 922(g)(1), 922(o); see also 18 U.S.C. § 921(23) (incorporating definition of "machinegun" firearm under 26 U.S.C. § 5845(b)). The...

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