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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.
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