United States Tenth Circuit

Defendant's sentence of 188 months imprisonment following his conviction for being a felon in possession of a firearm is affirmed in part and reversed in part where: 1) felony driving while intoxicated is a violent felony under the Armed Career Criminal Act (ACCA); and 2) a district court may impose a sentence outside the Guidelines range even if a sentence within the range would be reasonable.

Appellate Information

• Decided 12/12/2006
• Published 12/13/2006

Judges

• HARTZ, Circuit Judge., Before LUCERO, HARTZ, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Margaret A. Katze, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant., David N. Williams, Assistant United States Attorney, (David C. Iglesias, United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.