United States v. Leutwiler, No. 10-1537 (10th Cir. 2011)
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Defendant-Appellant Byckley Charles Leutwiler was convicted by a jury of two counts of Possession of a Machine Gun, and one count of Possession of a Firearm with an Obliterated Serial Number. Defendant was sentenced to thirty-eight months imprisonment and appealed his sentence to the Tenth Circuit. On appeal, he argued that the district court erred when it admitted other crimes evidence without prior notice and findings contrary to Fed. R. Evid. 404(b). Because Defendant did not preserve this issue by objecting at trial to the admission of the evidence, the Tenth Circuit's review was for plain error. Finding none in its review of the trial court record, the Tenth Circuit affirmed the district court's judgment.
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