United States Tenth Circuit

A conviction for being a convicted felon in possession of a firearm is affirmed where: 1) under plain error review, defendant's alleged error challenging the sufficiency of the evidence did not "seriously affect[] the fairness, integrity, or public reputation of judicial proceedings"; and 2) there is no requirement that a defendant personally acknowledge having read a presentence report (PSR), for purposes of Fed. R. Crim. P. 32(i)(1)(A).

Appellate Information

• Decided 04/16/2007
• Published 04/17/2007

Judges

• HARTZ, Circuit Judge., Before HENRY, HARTZ, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Leon Schydlower, El Paso, TX, for Defendant-Appellant., Clinton J. Johnson, Assistant United States Attorney (David C. Iglesias, United States Attorney, Albuquerque, NM, and Terri J. Abernathy, Assistant United States Attorney, Las Cruces, NM, on the brief), for Plaintiff-Appellee.