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U.S. v. FRIES

No. 13-10654.

796 F.3d 1112 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Todd Russell FRIES, aka Todd Burns, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 10, 2015.

Attorney(s) appearing for the Case

Richard C. Bock , Tucson, AZ, for Defendant-Appellant.

John S. Leonardo , United States Attorney, Robert L. Miskell , Appellate Chief, and Peter D. Sax (argued), Assistant United States Attorney, Tucson, AZ, for Plaintiff-Appellee.

Before: RICHARD C. TALLMAN and JOHNNIE B. RAWLINSON, Circuit Judges, and MARVIN J. GARBIS, Senior District Judge.

OPINION

Appellant Todd Russell Fries (Fries) challenges his sentence for his unlawful possession of unregistered destructive devices in violation of 26 U.S.C. § 5861(d). Fries asserts that the district court impermissibly included his prior convictions for false statements and use of a chemical weapon, which...

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