United States v. Montgomery
Court of Appeals for the Tenth Circuit
1Opinion of the Court
HOLMES, Circuit Judge.
Defendanb-Appellant Robert William Montgomery pleaded guilty to one count of possession of firearms and ammunition by a convicted felon in violation of 18 U.S.C § 922(g)(1). The government appealed Mr. Montgomery’s original sentence, and this Court reversed and remanded for resentencing. See United States v. Montgomery, 439 F.3d 1260 (10th Cir.2006). On remand, Mr. Montgomery was resentenced to an identical prison term. Mr. Montgomery appeals this sentence claiming that the district court erred in applying an upward departure under United States Sentencing Guidelines Man…
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