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U.S. v. HERNANDEZ

No. 01-8051.

333 F.3d 1168 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Lazaro Alexander HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 19, 2003.

Attorney(s) appearing for the Case

G. Mark Garrison, Garrison & Bronnenberg, P.C., Cody, WY, for Defendant-Appellant.

James C. Murphy, Assistant United States Attorney (James Allison, Assistant United States Attorney, and Sean Connelly, Assistant United States Attorney, on the brief), Denver, CO, for Plaintiff-Appellee.

Before EBEL, Circuit Judge, BRORBY, Senior Circuit Judge, and O'BRIEN, Circuit Judge.

EBEL, Circuit Judge.

On March 26, 2001, a jury convicted Lazaro Alexander Hernandez ("Defendant") on one count of possession of a firearm by a prohibited person in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). On appeal to this Court, Defendant argues that his Fifth and Sixth Amendment rights were violated when a recused Assistant United States Attorney sent two e-mails to his son, who was married to Defendant's sister, regarding Defendant's case. Defendant...

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