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August 9, 2006
Elisabeth A. Shumaker
Clerk of Court
v.
JOHN TH OM AS CASADOS,
Defendant-Appellant.
John Thomas Casados, Jr., a federal prisoner, appeals the district courts
imposition of a 78-month sentence on the ground that his two prior convictions
for third-degree assault qualified him as a career offender. W e affirm. 1
*
After examining appellants brief and the appellate record, this panel has
determined unanimously that oral argument would not materially assist the
determination of this appeal. See Fed. R. App. P. 34(a)(2) and 10th Cir. R.
34.1(G). The case is therefore submitted without oral argument. This order and
judgment is not binding precedent, except under the doctrines of law of the case,
res judicata, or collateral estoppel. The court generally disfavors the citation of
orders and judgments; nevertheless, an order and judgment may be cited under the
terms and conditions of 10th Cir. R. 36.3.
1
shoes he wore when he kicked the victim in the head constituted deadly weapons
for the purposes of U .S.S.G. 2A 2.2 and 1B1.1. App. vol. II at 22-23. Because
w e conclude the court correctly assigned him the status of a career offender, w e
agree with M r. Casados that we need not decide whether M r. Casados tennis
shoes constituted deadly weapons.
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W e A FFIR M .
ENTERED FOR THE COURT
Stephanie K. Seymour
Circuit Judge
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