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Defendant's firearm possession conviction is affirmed where, according to the Sentencing Guidelines, if a defendant possesses a firearm in connection with the commission of another offense, the district court must apply the offense level for the other offense if the resulting offense level is higher than the offense level as calculated under the provision governing the unlawful possession of firearms.
Filed November 18, 2009
Opinion by Judge Briscoe
Leon Schydlower, El Paso, TX
Teresa L. Raymond, Gregory J. Fouratt and Laura Fashing, Assistant United States Attorneys, Albuquerque, NM