No. 21-3210.

60 F.4th 1244 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Asael LINARES, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED February 22, 2023.

Attorney(s) appearing for the Case

Daniel T. Hansmeier , Appellate Chief ( Melody Brannon , Federal Public Defender, and Kayla Gassmann , Assistant Federal Public Defender, with him on the briefs), Office of the Federal Public Defender, Kansas City, Kansas, for Defendant-Appellant.

Bryan C. Clark , Assistant United States Attorney ( Duston J. Slinkard , United States Attorney, District of Kansas, and James A. Brown , Assistant United States Attorney, Chief, Appellate Division, with him on the brief), Office of the United States Attorney, Kansas City, Kansas, for Plaintiff-Appellee.

Before TYMKOVICH, SEYMOUR, and PHILLIPS, Circuit Judges.

Asael Linares was indicted as a felon in possession of a firearm after an attempted carjacking. He pled guilty but objected to a sentencing enhancement and the failure to apply a sentencing decrease proposed by the government, arguing that he did not complete an attempted carjacking, nor did he meet the required mental...

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