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U.S. v. TURNER

No. 04-2238.

438 F.3d 67 (2006)

UNITED STATES of America, Appellee, v. Marlin TURNER, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 15, 2006.

Attorney(s) appearing for the Case

Timothy G. Watkins, Federal Defender Office, for appellant.

Paul G. Casey, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellee.

Before TORRUELLA, Circuit Judge, CYR, Senior Circuit Judge, and LIPEZ, Circuit Judge.

CYR, Senior Circuit Judge.

Marlin Turner appeals a Sentencing Guidelines ruling relating to his criminal history score, which took into account a prior juvenile adjudication in Tennessee. Although he filed a notice of appeal from the adjudication, it was neither pursued by Turner nor by the State. We affirm.

I

BACKGROUND

While a minor living in Franklin County, Tennessee, in 1998, Turner ran away from a juvenile offender program...

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