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U.S. v. VEGA-SANTIAGO

No. 06-1558.

519 F.3d 1 (2008)

UNITED STATES OF AMERICA, Appellee, v. Manuel A. VEGA-SANTIAGO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 21, 2008.

Attorney(s) appearing for the Case

Mark S. Davies and Johnny Rivera-González, with whom Walter Dellinger, Ryan W. Scott, and O'Melveny & Myers LLP were on supplemental brief for appellant.

Vijay Shanker, U.S. Department of Justice, Criminal Division, Appellate Section, with whom Rosa Emilia Rodríguez-Vélez, United States Attorney, Nelson Pérez-Sosa, Assistant United States Attorney, Chief, Appellate Division, and Thomas F. Klumper, Assistant United States Attorney, were on supplemental brief for appellee.

Before BOUDIN, Chief Judge, TORRUELLA, LYNCH, LIPEZ and HOWARD, Circuit Judges.

OPINION EN BANC

BOUDIN, Chief Judge.

Manuel Vega-Santiago appealed from his conviction on one count of armed carjacking, 18 U.S.C. § 2119(1) (2000), and two counts of related weapons offenses, id. §§ 924(c)(1)(A), 922(k), asserting various trial errors. He also appealed from his prison sentence of 240 months, which represented an upward variance from the sentencing guidelines range of 177 to 191 months that would otherwise have applied...

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