United States Tenth Circuit
US v. Martinez, 09-6049
Defendant's firearm possession sentence is reversed where the Arizona offense of attempted second-degree burglary was a -crime of violence- under the Sentencing Guidelines, but not a -violent felony- under the Armed Career Criminal Act.
Appellate Information
- Decided 04/19/2010
- Published 04/19/2010
Judges
- HARTZ, Circuit Judge., Before HARTZ, SEYMOUR, and GORSUCH, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellees:
- Submitted on the briefs: Raymond P. Moore, Federal Public Defender, (Vicki Mandell-King, Assistant Federal Public Defender, with him on the briefs), Denver, CO, for Defendant-Appellant., Robert J. Troester, Acting United States Attorney, (Chris M. Stephens, Assistant United States Attorney, with him on the brief), Oklahoma City, OK, for Plaintiff-Appellee.