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U.S. v. CRUM

No. 17-30261.

934 F.3d 963 (2019)

UNITED STATES of America, Plaintiff-Appellant, v. Marcus Scott CRUM, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 16, 2019.

Attorney(s) appearing for the Case

Francis J. Zebari , (argued), Special Assistant United States Attorney; Bart M. Davis , United States Attorney; United States Attorney's Office, Boise, Idaho; for Plaintiff-Appellant.

Theodore Braden Blank (argued) and Robert K. Schwarz , Federal Defender Services of Idaho, Boise, Idaho, for Defendant-Appellee.

Dissent by Judge Watford.

OPINION

Marcus Crum pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The United States Sentencing Guidelines assign a higher base offense level for that offense if the defendant has previously been convicted of a "controlled substance offense." U.S.S.G. § 2K2.1(a)(4)(A). The...

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