U.S. v. MARTINEZ

No. 15-8019.

824 F.3d 1256 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Emiliano Francisco MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 7, 2016.


Attorney(s) appearing for the Case

Grant Russell Smith , Research & Writing Specialist, Office of the Federal Public Defender, Cheyenne, Wyoming ( Virginia L. Grady , Federal Public Defender, and Veronica S. Rossman , Assistant Federal Public Defender, Office of the Federal Public Defender, Denver, Colorado, with him on the briefs), for Defendant-Appellant.

Eric J. Heimann , Assistant United States Attorney, Office of the United States Attorney, Cheyenne, Wyoming ( Christopher A. Crofts , United States Attorney, Office of the United States Attorney, Cheyenne, Wyoming, with him on the brief), for Plaintiff-Appellee.

Before HOLMES, SEYMOUR, and PHILLIPS, Circuit Judges.


Emiliano Martinez pleaded guilty to possessing an unregistered, short-barrel shotgun in violation of federal law. 26 U.S.C. §§ 5841, 5845(a), (d), 5861(d), and 5871. Under his plea agreement, Martinez reserved the right to appeal his sentence if the district court determined that his total offense level was greater...

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