United States Tenth Circuit

Defendant's convictions were punishable by terms exceeding one year due to the possibility of a departure, thus denial of a motion to dismiss an indictment for lack of a qualifying conviction under 18 U.S.C. section 922(g)(1) is affirmed. Calculation of criminal history category was correct.

Appellate Information

• Decided 02/19/2003
• Published 02/19/2003

Judges

• PAUL KELLY, JR., Circuit Judge., Before KELLY, Circuit Judge and BRORBY, Senior Circuit Judge and OBERDORFER, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Charles D. Dedmon, First Assistant Federal Public Defender, Kansas City, KS, for Defendant-Appellant., Nancy Landis Caplinger, Assistant United States Attorney (Eric F. Melgren, United States Attorney, with her on the brief), Topeka, KS, for Plaintiff-Appellee.