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U.S. v. McCOY

No. 07-1052.

496 F.3d 853 (2007)

UNITED STATES of America, Appellee, v. Brian Gene McCOY, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 7, 2007.

Attorney(s) appearing for the Case

William D. Schmidt, AFPD, argued, Bismarck, ND, for appellant.

Rick Lee Volk, argued, Bismarck, ND, for appellee.

Before LOKEN, Chief Judge, ARNOLD and COLLOTON, Circuit Judges.

ARNOLD, Circuit Judge.

Brian McCoy was indicted for second-degree murder, see 18 U.S.C. §§ 1111, 1152, and for using and carrying a firearm in furtherance of a crime of violence, see 18 U.S.C. § 924(c)(1)(A). The jury acquitted Mr. McCoy of second-degree murder but convicted him of the lesser-included offense of voluntary manslaughter and the firearm offense. The district court

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