United States Tenth Circuit

A sentence for possession of firearms while being an alien illegally or unlawfully in the U.S. is affirmed where: 1) defendant, despite his filing of an application for adjustment of status and receipt of an Employment Authorization Document (EAD), was still "illegally or unlawfully in the United States" for purposes of 18 U.S.C. section 922(g)(5)(A); and 2) in pleading guilty, defendant waived his right to raise his as applied vagueness challenge to section 922(g)(5)(A) on appeal.

Appellate Information

• Decided 04/11/2008
• Published 04/14/2008

Judges

• BRISCOE, Circuit Judge., Before BRISCOE, SEYMOUR, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Scott Keith Wilson, Assistant Federal Public Defender (Steven B. Killpack, Federal Public Defender, with him on the briefs), Salt Lake City, UT, for Plaintiff-Appellant.


• For Appellees:
  
• Diana Hagen, Assistant United States Attorney (Brett L. Tolman, United States Attorney and Elizabethanne C. Stevens, Assistant United States Attorney, on the brief), Office of United States Attorney, Salt Lake City, UT, for Defendant-Appellee.