United States v. Armijo, No. 09-1533 (10th Cir. 2011)
Annotate this CaseDefendant Edward Armijo pled guilty to a single count of being a felon illegally in possession of a firearm. Defendant's pre-sentence investigation report (PSR) calculated his base offense level at 24 because he had two prior Colorado felony convictions for violent crimes. Defendant objected to the PSR's calculation. The district court rejected Defendant's objections. On appeal to the Tenth Circuit, Defendant argued that the district court erred in treating his two prior convictions as violent crimes for purposes of his firearm possession sentence. Upon careful consideration of the applicable legal authority, the Tenth Circuit concluded that one of Defendant's Colorado convictions was not a crime of violence as defined in the federal sentencing guidelines. Therefore, the Court remanded the case for re-sentencing.
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