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UNITED STATES v. DEVARGAS

No. 22-2064.

64 F.4th 1148 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Eusebio Ike DEVARGAS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED April 10, 2023.

Attorney(s) appearing for the Case

Nicholas T. Hart , Harrison, Hart & Davis, LLC, Albuquerque, New Mexico, appearing for Appellant

Tiffany L. Walters , Assistant United States Attorney ( Alexander M.M. Uballez , United States Attorney, with her on the brief), Office of the United States Attorney for the District of New Mexico, Albuquerque, New Mexico, appearing for Appellee

Before MORITZ, BRISCOE, and ROSSMAN, Circuit Judges.

Defendant Eusebio DeVargas was indicted on two counts of being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. §§ 922(g)(1) and 924. DeVargas moved to dismiss the indictment, arguing that neither of his two previous felony convictions could serve as predicate offenses under § 922...

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