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United States v. Cole

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Submitted: March 11, 2008

Before MURPHY, ARNOLD, and BENTON, Circuit Judges.

Robert Cole and Linda Gilbert, husband and wife, were convicted of possessing an unregistered firearm, see 26 U.S.C. §§ 5841, 5861(d), 5871. Mr. Cole was also convicted of being a felon and a drug user in possession of firearms, see 18 U.S.C. § 922(g)(1), (g)(3). Ms. Gilbert appeals the application of two enhancements to her sentence and the denial of a downward departure from the sentencing guidelines. Mr. Cole maintains on appeal that the evidence was insufficient to convict him and that the district court*fn1 erred in excluding certain testimony. He also asserts that the district court erred in fixing his sentence. We affirm.

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