Legal Opinion
United States v. Kenneth John Banashefski
Court of Appeals for the Tenth Circuit
Decided March 19, 1991No. 89-2282PublishedCited by 45 opinions
1Opinion of the Court
HOLLOWAY, Chief Judge.
In this case, we examine defendant-appellant Banashefski’s contention that the district court erroneously factored in an earlier state court conviction as a “prior sentence” in augmenting his sentence following a guilty plea to possession of a firearm by a felon in violation of 18 U.S.C. §§ 922(g)(2), 924(a)(2). Because we conclude that Banashefski’s convictions were based on separable instances of conduct, we affirm.
I
The facts are not in dispute. On September 16,1988, in Valencia County, New Mexico, defendant Banashefski was arrested while driving a stolen, 1980 Dodge…
2Cases cited12 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Grady v. CorbinSupreme Court of the United States · 1990
- Heath v. AlabamaSupreme Court of the United States · 1985
- United States v. Scott Evan JonesCourt of Appeals for the Eleventh Circuit · 1990
- United States v. David Joe MasseyCourt of Appeals for the Tenth Circuit · 1982
7 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- United States v. Stephen Martin BeddowCourt of Appeals for the Sixth Circuit · 1992
- United States v. IvyCourt of Appeals for the Tenth Circuit · 1996
- United States of America, and Cross-Appellee v. Robert J. Shewmaker, Sr., and Cross-AppellantCourt of Appeals for the Tenth Circuit · 1991
- United States of America, Plaintiff-Appellee-Cross-Appellant v. Carland A. Bowser, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Tenth Circuit · 1991
- United States v. Lonnie Ray WisemanCourt of Appeals for the Tenth Circuit · 1999
40 more not listed; retrieve them via the Exa API.