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U.S. v. FITZGERALD

No. 18-10116.

935 F.3d 814 (2019)

UNITED STATES of America, Plaintiff-Appellant, v. Davion FITZGERALD, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 26, 2019.

Attorney(s) appearing for the Case

Elizabeth O. White (argued), Appellate Chief; Dayle Elieson , United States Attorney; United States Attorney's Office, Reno, Nevada; for Plaintiff-Appellant.

Amy B. Cleary (argued), Assistant Federal Public Defender; Rene L. Valladares , Federal Public Defender; Office of the Federal Public Defender, Las Vegas, Nevada; for Defendant-Appellee.

Dissent by Judge W. Fletcher

OPINION

Davion Fitzgerald pleaded guilty to unlawful possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). At sentencing, the government requested an enhancement under § 2K2.1(a)(4)(A) of the 2016 Sentencing Guidelines, which provides for an increase to a base offense level of 20 if the defendant...

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