United States Tenth Circuit

Defendant's sentence for possession of a firearm by a convicted felon is affirmed over a claim that the district court erred by including in his criminal history computation the period of incarceration imposed by a state court upon revocation of a suspended sentence when the revocation resulted from the same conduct that was the basis of the instant offense.

Appellate Information

• Decided 02/11/2009
• Published 02/12/2009

Judges

• O'BRIEN, Circuit Judge., Before O'BRIEN, McKAY and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Steven B. Killpack, Federal Public Defender, and Scott Keith Wilson, Assistant Federal Public Defender, Salt Lake City, UT, for Defendant-Appellant., Brett L. Tolman, United States Attorney, District of Utah, and Elizabethanne C. Stevens, Assistant United States Attorney, for Plaintiff-Appellee.