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U.S. v. BROOKS

No. 13-3166.

751 F.3d 1204 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Damian L. BROOKS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 2, 2014.

Attorney(s) appearing for the Case

Melody Evans , Interim Federal Public Defender, Topeka, KS, for Defendant-Appellant.

James A. Brown , Assistant United States Attorney ( Barry R. Grissom , United States Attorney, with him on the brief), Topeka, KS, for Plaintiff-Appellee.

Before KELLY, BALDOCK, and HARTZ, Circuit Judges.

BALDOCK, Circuit Judge.

Did Defendant Damian L. Brooks commit enough prior qualifying felonies to be considered a "career offender" under the Federal Sentencing Guidelines? The district court below said yes, relying on United States v. Hill, 539 F.3d 1213 (10th Cir.2008), to classify a prior Kansas conviction of Defendant as a felony because it was punishable by more than one year in prison. On appeal, Defendant admits Hill...

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