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U.S. v. HAMILTON

No. 09-2687.

604 F.3d 572 (2010)

UNITED STATES of America, Appellee, v. Jason Donald HAMILTON, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 6, 2010.

Attorney(s) appearing for the Case

Robert D. Lewis, Davis, Lewis & Associates, Springfield MO, for appellant.

James J. Kelleher, Asst. U.S. Atty., Springfield MO (Matt J. Whitworth, U.S. Atty., Kansas City, MO, on the brief), for appellee.

Before RILEY, Chief Judge, SMITH and SHEPHERD, Circuit Judges.

RILEY, Chief Judge.

Jason Donald Hamilton appeals the sentence he received at his resentencing hearing. Hamilton argues the district court2 erred in increasing his base offense level to 22 pursuant to United States Sentencing Guidelines (U.S.S.G.) § 2K2.1(a)(3) based on Hamilton's prior conviction for second degree assault. Because we hold Hamilton forfeited his right to challenge the classification...

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