Defendant’s drug and firearm possession sentence is affirmed where a pardon defendant received for a prior state offense did not constitute an expungement and the district court correctly considered defendant’s prior state convictions when calculating defendant’s criminal history category.

Read US v. Bays, No. 09-30124

Appellate Information

Submitted December 10, 2009

Filed December 17, 2009

Judges

Opinion by Judge Tallman

Counsel

For Appellant:

Dennis Benjamin, Nevin, Benjamin, McKay & Bartlett LLP, Boise, ID

For Appellee:

Thomas E. Moss and Christian S. Nafzger, Assistant United States Attorneys, Boise, ID

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