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U.S. v. SHULER

No. 99-1060.

181 F.3d 1188 (1999)

UNITED STATES of America, Plaintiff-Appellant, v. Kevin Lamont SHULER; Ira L. Moore, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 6, 1999.

Attorney(s) appearing for the Case

Sean Connelly, Attorney, United States Department of Justice (Linda A. McMahan, United States Attorney District of Colorado, with him on the briefs), Denver, Colorado, for the appellant.

Virginia Grady, Assistant Federal Public Defender (Michael G. Katz, Federal Public Defender, and Richard J. Banta, with her on the brief), Denver Colorado, for the appellees.

Before TACHA, BARRETT, and BRORBY, Circuit Judges.

BARRETT, Senior Circuit Judge.

The United States of America (the Government) appeals the district court's dismissal of Count 3 of the superceding indictment, charging Defendants, Kevin Lamont Shuler and Ira L. Moore (collectively "Defendants"), with carrying a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. § 924(c).

Facts

On April 22, 1998, Defendants, armed with a Norinco Model T54 9mm pistol, robbed...

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