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U.S. v. ORONA

No. 12-2129.

724 F.3d 1297 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Raul Roger ORONA, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 31, 2013.

Attorney(s) appearing for the Case

Dennis James Candelaria, Esq. , Office of the Federal Public Defender, District of New Mexico, Las Cruces, NM, for the Defendant-Appellant.

James Robert Wolfgang Braun ( Kenneth J. Gonzales and Laura Fashing with him on the briefs), Office of the United States Attorney, District of New Mexico, Albuquerque, NM, for the Plaintiff-Appellee.

Before BRISCOE, Chief Judge, SEYMOUR and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

Raul Roger Orona, Jr., appeals from his conviction and sentence for being a felon in possession of a firearm. Orona was sentenced to 198 months' imprisonment under the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(e). He argues that the use of a juvenile adjudication as a predicate offense for ACCA purposes violates the Eighth Amendment's prohibition against cruel and unusual punishment. We disagree. We conclude that Orona has not...

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