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United States v. Hamilton

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Submitted: February 12, 2010

Before RILEY,*fn1 Chief Judge, SMITH and SHEPHERD, Circuit Judges.

Jason Donald Hamilton appeals the sentence he received at his resentencing hearing. Hamilton argues the district court*fn2 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 of his prior conviction as a crime of violence, we affirm.

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