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U.S. v. BATTLE

No. 01-3154.

289 F.3d 661 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Larry Jermaine BATTLE, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 8, 2002.

Attorney(s) appearing for the Case

Vicki Mandell-King, Assistant Federal Public Defender, Chief, Appellate Division (Michael G. Katz, Federal Public Defender, with her on the briefs), Denver, CO, for Defendant-Appellant.

Lanny D. Welch, Assistant United States Attorney (James E. Flory, United States Attorney, D. Blair Watson, Assistant United States Attorney, with him on the brief), Wichita, KS, for Plaintiff-Appellee.

Before SEYMOUR, ALARCON, and ANDERSON, Circuit Judges.

ALARCON, Circuit Judge.

Larry Jermaine Battle, Jr. ("Battle") appeals from the judgment of conviction and the sentence imposed for obstructing or delaying interstate commerce by committing a robbery in violation of 18 U.S.C. § 1951 ("Hobbs Act"), and for causing the death of Edward S. Lee by use of a firearm during the commission of a robbery in violation of 18 U.S.C. §§ 924(c)(1) and (j)(1).

He seeks...

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