U.S. v. CANTU

No. 19-6043.

964 F.3d 924 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco CANTU, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED July 6, 2020.


Attorney(s) appearing for the Case

Jacob Rasch-Chabot , Assistant Federal Public Defender, Denver, Colorado ( Virginia L. Grady , Federal Public Defender, and Shira Kieval , Assistant Federal Public Defender, Denver, Colorado, on the briefs) for the Defendant-Appellant.

Steven W. Creager , Assistant United States Attorney ( Timothy J. Downing , United States Attorney, and Mark R. Stoneman , Assistant United States Attorney, with him on the brief), Oklahoma City, Oklahoma, for the Plaintiff-Appellee.

Before HARTZ, MURPHY, and MATHESON, Circuit Judges.


Defendant Francisco Cantu, Jr. appeals the enhancement of his sentence under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(1). Although he failed to preserve his challenge to the enhancement in district court, the enhancement was plainly contrary to the law of this circuit. Exercising jurisdiction under 18 U...

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