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U.S. v. SARRACINO

Nos. 01-2308, 01-2310, 01-2312.

340 F.3d 1148 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. David SARRACINO, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Brandon Cherosposy, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Robert Manuelito, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 19, 2003.

Attorney(s) appearing for the Case

John F. Moon Samore, Albuquerque, NM, for Defendant-Appellant David Saracino.

Laura Fashing, Assistant United States Attorney, (David C. Iglesias, United States Attorney, with her on the brief), Albuquerque, NM, for Plaintiff-Appellee United States of America.

Submitted on the briefs: Michael G. Katz, Federal Public Defender, James P. Moran, Assistant Federal Public Defender, Denver, CO, for Defendant-Appellant Brandon Cherosposy.

Michael A. Keefe, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant Robert Manuelito.

Before EBEL, ALDISERT, and HOLLOWAY Circuit Judges.

HOLLOWAY, Senior Circuit Judge.

Defendants/appellants Robert Manuelito, Brandon Cherosposy, and David Sarracino were jointly indicted, tried, and convicted on a single charge of second degree murder in violation of 18 U.S.C. §§ 2, 1111(b) & 1153.1 Each now appeals. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a). We will decide all three appeals in this single opinion.

I

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