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U.S. v. VISINAIZ

No. 04-4277.

428 F.3d 1300 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Cruz Joaquin VISINAIZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 16, 2005.

Attorney(s) appearing for the Case

Carlos A. Esqueda, Assistant United States Attorney (and Paul M. Warner, United States Attorney, on the brief), Salt Lake City, UT, for Plaintiff-Appellee.

Theodore R. Weckel, Salt Lake City, UT, for Defendant-Appellant.

Before SEYMOUR, EBEL, and KELLY, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

Defendant-Appellant Cruz Joaquin Visinaiz ("Visinaiz") appeals from his conviction and sentence for violation of 18 U.S.C. §§ 1111(a)1 and 1153(a),2 for second degree murder by an Indian in Indian Country. He was convicted by a jury and sentenced to 262 months imprisonment and ordered to pay restitution of $107,000. On appeal...

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