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United States v. Hoyle 751 F.3d 1167 (10th Cir. May 13, 2014)

May 13, 2014

The Tenth Circuit rejected the defendant’s argument that the sentencing guidelines’ use of the term “imprisonment for a term exceeding one year” impermissibly deviated from 18 U.S.C. § 921(a)(20)’s definition of “crime punishable by imprisonment for a term exceeding one year.” The latter expressly excludes convictions that have been expunged, or set aside, or for which the defendant has had his civil rights restored; whereas the former includes such convictions. The Tenth Circuit held that the sentencing guidelines’ definition and the statutory definition have different purposes and need not be consistent.