UNITED STATES v. LEIB

No. 21-2136.

57 F.4th 1122 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Joshua LEIB, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED January 18, 2023.


Attorney(s) appearing for the Case

Erlinda O. Johnson , The Law Office of Erlinda O. Johnson, Albuquerque, New Mexico, for Appellant Leib.

Emil J. Kiehne , Assistant U.S. Attorney ( Alexander M. M. Uballez , U.S. Attorney, with him on the brief), Albuquerque, New Mexico, for Appellee United States of America.

Before CARSON, EBEL, and ROSSMAN, Circuit Judges.


In this direct criminal appeal, Defendant Joshua Leib challenges the 100-month sentence he received for his conviction for being a previously convicted felon in possession of a firearm. The specific sentencing question presented by this appeal is whether the district court clearly erred in calculating Mr. Leib's advisory prison...

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