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U.S. v. BEGAY

No. CRIM.04-2245 WJ.

377 F.Supp.2d 1141 (2005)

UNITED STATES of America, Plaintiff, v. Larry BEGAY, Defendant.

United States District Court, D. New Mexico.

July 1, 2005.

Attorney(s) appearing for the Case

David M. Walsh, Esq, U.S. Attorney's Office, District of New Mexico, for U.S. Attorneys.

Margaret A. Katze, Esq., Federal Public Defender's Office, Albuquerque, NM, for Larry Begay (1), defendant.

MEMORANDUM OPINION AND ORDER

JOHNSON, District Judge.

THIS MATTER comes before the Court on the issue of whether Defendant Larry Begay ("Defendant") should be sentenced as an armed career criminal pursuant to 18 U.S.C. § 924(e) and U.S.S.G. § 4B1.4 as a result of Defendant's three separate convictions for the felony offense under New Mexico law for driving while under the influence of intoxicating liquor ("DUI"), fourth or subsequent offense (...

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