United States v. Abeyta

BRISCOE, Circuit Judge.

This is a direct criminal appeal in which Defendant Thomas Jeremy Abeyta (“Abeyta”) challenges his sentence. Abeyta pled guilty to being a previously convicted felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). The district court enhanced Abeyta’s sentence pursuant to United States Sentencing Guidelines (the “U.S.S.G.” or the “guidelines”) § 4A1.2(c), counting Abeyta’s prior conviction for “damaging, defacing or destruction of private property” under Denver Revised Municipal Code (“Den.”) § 38-71 as a local ordinance violation that also violates…