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UNITED STATES v. CHECORA

Nos. 97-4184, 97-4190, 97-4191, 97-4192.

175 F.3d 782 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Gregory CHECORA, Warrenell Cuch, Bobby Redcap, and Reuben Cuch, Jr., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

April 21, 1999.

Attorney(s) appearing for the Case

Julie George McPherson, Salt Lake City, Utah, for Defendant-Appellant Gregory Checora.

John Bruce Savage, Jr., Park City, Utah, for Defendant-Appellant Warrenell Cuch.

James C. Bradshaw, Salt Lake City, Utah, for Defendant-Appellant Bobby Redcap.

Jerome H. Mooney, III, Mooney Law Firm, P.C., Salt Lake City, Utah, for Defendant-Appellant Reuben Cuch, Jr.

Felice J. Viti and Richard MacDougal (David J. Schwendiman, United States Attorney, with them on the briefs), Salt Lake City, Utah, for Plaintiff-Appellee United States of America.

Before SEYMOUR, Chief Judge; PORFILIO, Circuit Judge; and TACHA, Circuit Judge.

PORFILIO, Circuit Judge.

Gregory Checora, Reuben Cuch, Warrenell Cuch, and Bobby Redcap all pled guilty to committing voluntary manslaughter while within Indian Country. Defendants beat their victim during a fight, dragged him to an abandoned house, slit his throat twice, and then placed a 360-pound stove on him to conceal the body. At sentencing, the district court enhanced each defendant's offense level because the victim was unusually vulnerable and physically...

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