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UNITED STATES v. BABCOCK

No. 20-4003.

40 F.4th 1172 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Zachary Robert BABCOCK, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED July 21, 2022.

Attorney(s) appearing for the Case

Benjamin C. McMurray , Assistant Federal Public Defender ( Scott Keith Wilson , Federal Public Defender, with him on the briefs), Salt Lake City, Utah, for the Defendant-Appellant.

Elizabethanne Stevens , Assistant United States Attorney ( John W. Huber , United States Attorney, and Ryan D. Tenney , Assistant United States Attorney, with her on the briefs), Salt Lake City, Utah, for the Plaintiff-Appellee.

Before HARTZ, KELLY, and MURPHY, Circuit Judges.

Defendant Zachary Babcock appeals the denial of his motion under 28 U.S.C. § 2255 to vacate and correct his sentence on the ground of ineffective assistance of counsel. He complains that his counsel failed to object to a sentencing-guidelines enhancement under USSG § 2K2.1(a)(4)(A) based on prior convictions of a...

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