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U.S. v. HATCHER

Nos. 06-2814, 06-3099, 06-2819, 06-3098.

501 F.3d 931 (2007)

UNITED STATES of America, Appellant, v. Michael HATCHER, Appellee. United States of America, Appellant/Cross-Appellee, v. Angelo Porrello, Appellee/Cross-Appellant. United States of America, Appellant/Cross-Appellee, v. Joseph Anthony Porrello, Appellee/Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 28, 2007.

Attorney(s) appearing for the Case

Paul S. Becker, Asst. U.S. Atty., Kansas City, MO, argued (Bradley J. Schlozman, U.S. Atty., on the brief), for United States of America.

Victor B. Peters, Kansas City, MO, argued, for Michael Hatcher.

Gary W. Hart, Helfrey, Neiers & Jones, P.C., Leawood, KS, argued, for Joseph Anthony Porrello and Angelo Porrello.

James R. Wyrsch, Wyrsch Hobbs & Mirakian, P.C., Kansas City, MO, filed brief, for Angelo Porrello.

Before BYE, BEAM, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

A jury convicted Angelo Porrello, Joseph Porrello, and Michael Hatcher of a series of armed robberies in Kansas City, Missouri. The district court sentenced Joseph Porrello to 300 months and one day of imprisonment and Hatcher to 360 months' imprisonment. The district court also denied the Porrellos' motions to treat a sentencing enhancement provision of 18 U.S.C. § 924(c) as an element of the offense to be decided by the jury. The government...

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