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UNITED STATES v. BROOKS

No. 21-6059.

67 F.4th 1244 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Jimmy Lee BROOKS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED May 22, 2023.

Attorney(s) appearing for the Case

Dean Sanderford , Assistant Federal Public Defender ( Virginia L. Grady , Federal Public Defender, with him on the briefs), Office of the Federal Public Defender, Denver, Colorado, for Defendant-Appellant.

Nicholas Coffey , Assistant United States Attorney ( Robert J. Troester , United States Attorney, with him on the brief), Office of the United States Attorney, Oklahoma City, Oklahoma, for Plaintiff-Appellee.

Before MORITZ, SEYMOUR, and EID, Circuit Judges.

Mr. Jimmy Lee Brooks was convicted by jury of unlawful possession of ammunition and witness tampering. The ammunition charge stemmed from an incident in which Mr. Brooks shot a firearm at a car his then-girlfriend was riding in, striking her in the buttocks. Over Mr. Brooks' objection, the sentencing court concluded he

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