UNITED STATES v. DEVEREAUX

No. 22-1203.

91 F.4th 1361 (2024)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth DEVEREAUX, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED February 6, 2024.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Virginia L. Grady , Federal Public Defender and Jacob Rasch-Chabot , Assistant Federal Public Defender, Denver, Colorado, for Defendant-Appellant Kenneth Devereaux.

Cole Finnegan , U.S. Attorney and J. Bishop Grewell , Assistant U.S. Attorney, Denver, Colorado, for Plaintiff-Appellee United States of America.

Before CARSON, BALDOCK, and EBEL, Circuit Judges.


In this direct criminal appeal, Defendant Kenneth Devereaux challenges his sixty-month sentence for being a felon in possession of a firearm. Devereaux contends that, in calculating his sentence under the guidelines, the district court erred in treating his prior conviction under 18 U.S.C. § 113(a)(6) for assault resulting...

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