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U.S. v. BARE

No. 14-10475.

806 F.3d 1011 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Ibrahim Fahab BARE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 24, 2015.

Attorney(s) appearing for the Case

Keith J. Hilzendeger (argued), Assistant Federal Public Defender; Jon M. Sands , Federal Public Defender, Phoenix, AZ, for Defendant-Appellant.

Lacy Cooper (argued), Assistant United States Attorney; John S. Leonardo , United States Attorney; Mark S. Kokanovich , Assistant United States Attorney, Deputy Appellate Chief, Phoenix, AZ, for Plaintiff-Appellee.

Opinion by Judge TALLMAN; Dissent by Judge KOZINSKI.

OPINION

On December 13, 2012, a jury convicted Ibrahim Fahab Bare—a non-Indian who lives on tribal land with his common-law wife—of two counts of being a felon in possession of a firearm. Bare challenges his 4-level sentencing enhancement for his use of a firearm in connection with another felony offense...

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