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U.S. v. CHALAN

No. 85-2113.

812 F.2d 1302 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel CHALAN, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 3, 1987.

Attorney(s) appearing for the Case

Tova Indritz, Federal Public Defender (Peter Schoenburg, Asst. Federal Public Defender, with her on the brief), Albuquerque, N.M., for defendant-appellant.

Presiliano Torrez, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., with him on the brief), Albuquerque, N.M., for plaintiff-appellee.

Before BARRETT and SEYMOUR, Circuit Judges and SAM, District Judge.

SEYMOUR, Circuit Judge.

Daniel Chalan, Jr., was convicted in a jury trial of one count of first degree murder in violation of 18 U.S.C. § 1111 (1982 & Supp. III 1985), one count of robbery in violation of 18 U.S.C. § 2111 (1982), and two counts of the use of a firearm during the commission of a crime of violence in violation of 18 U.S.C. § 924(c) (Supp. III 1985). For the reasons set out below, we reverse in part and remand for further proceedings...

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