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U.S. v. NAVA-SOTELO

No. 02-2338.

354 F.3d 1202 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Adalberto NAVA-SOTELO aka Robert Montoya, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 31, 2003.

Attorney(s) appearing for the Case

David C. Iglesias, United States Attorney, Norman Cairns, Assistant United States Attorney, Albuquerque, New Mexico for Plaintiff-Appellant.

Stephen P. McCue, Federal Public Defender, Robert F. Kinney, Assistant Federal Public Defender, and Shari Lynn Allison, Research & Writing Specialist, Office of the Federal Public Defender, Las Cruses, New Mexico, for Defendant-Appellee.

Before SEYMOUR, MURPHY and O'BRIEN, Circuit Judges.

O'BRIEN, Circuit Judge.

Along with other crimes, Adalberto Nava-Sotelo was convicted for the use and carrying of a firearm during a crime of violence in violation of 18 U.S.C. § 924(c). The issue presented is whether a mandatory ten-year consecutive sentence for discharge of firearm must be imposed if the discharge was accidental. The district court answered in the negative. United States v. Nava-Sotelo, 232 F.Supp.2d 1269

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