U.S. v. DUTCH

No. 19-2196.

978 F.3d 1341 (2020)

UNITED STATES of America, Plaintiff-Appellant, v. Marc DUTCH, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Filed November 5, 2020.


Attorney(s) appearing for the Case

C. Paige Messec , Assistant United States Attorney ( John C. Anderson , United States Attorney, with her on the briefs), Office of the United States Attorney, Albuquerque, New Mexico, for Appellant.

Brian A. Pori , Albuquerque, New Mexico, for Appellee.

Before TYMKOVICH, Chief Judge, BRISCOE, and MURPHY, Circuit Judges.


Marc Dutch pleaded guilty in 2016 to being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. §§ 922(g) and 924(e). In its presentence report, probation recommended that Dutch may be subject to a sentencing enhancement under the Armed Career Criminals Act (ACCA). At the sentencing hearing...

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