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U.S. v. MIGUEL

Nos. 01-10538, 02-10018.

338 F.3d 995 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Roberto A. MIGUEL, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Bryson Jose, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 23, 2003.

Attorney(s) appearing for the Case

Peter C. Wolff, Jr., Federal Public Defender, Honolulu, HI, for Defendant-Appellant Miguel.

Barry D. Edwards, Honolulu, HI, for Defendant-Appellant.

Edward H. Kubo, Jr., Marshall H. Silverberg, and Ronald G. Johnson, United States Attorneys Office, Honolulu, HI, for the Plaintiff-Appellee.

Before LEAVY, RYMER, and T.G. NELSON, Circuit Judges.

Submitted May 7, 2003 — Honolulu, Hawaii.

Opinion by Judge T.G. NELSON; Opinion concurring in part and dissenting in part by Judge RYMER.

OPINION

T.G. NELSON, Circuit Judge.

Roberto Miguel appeals his criminal convictions for felony murder, attempted robbery, attempted burglary, and several firearms charges. Miguel's co-defendant, Bryson Jose, appeals his criminal conviction for felony murder. We hold that the district court committed...

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