U.S. v. DAYCHILD

Nos. 02-30184, 02-30435.

357 F.3d 1082 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. James DAYCHILD, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Patrick O. Neiss, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn August 8, 2003.

Re-Submitted October 31, 2003.

Filed February 17, 2004.


Attorney(s) appearing for the Case

Robert L. Kelleher Jr., Billings, MT, for defendant-appellant Daychild.

Richard J. Carstensen, Billings, MT, for defendant-appellant Neiss.

Josh Van de Wetering, Assistant U.S. Attorney (argued), Missoula, MT, and James E. Seykora, Assistant U.S. Attorney, Billings, MT, for the plaintiff-appellee.

Before ALARCÓN, GOULD, and CLIFTON, Circuit Judges.


GOULD, Circuit Judge:

Co-defendants James Daychild and Patrick Neiss had the bad judgment not only to plan a venture of unlawful drug distribution, but also to sell five pounds of illegal drugs to a government informant. The marijuana-for-money exchange resulted in a search of Neiss's home, where Daychild also had resided for a week or two. There, law enforcement agents found what they sought and perhaps more: firearms, including an unregistered machine gun, and an...

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