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U.S. v. BELTRAN-MORENO

No. 07-10368.

556 F.3d 913 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Angel BELTRAN-MORENO, aka El Tan Beltran, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Abraham Beltran-Moreno, aka Abram aka Abram Beltran-Moreno aka Adrian Beltran-Figueroa, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 10, 2009.

As Amended March 10, 2009.

Attorney(s) appearing for the Case

Brian G. Larson, Assistant United States Attorney, United States Attorney's Office for the District of Arizona, Phoenix, AZ, for the plaintiff-appellee.

Lynn T. Hamilton, Hamilton Law Office, Mesa, AZ, for defendant-appellant Jose Beltran-Moreno.

James Sun Park, Park Law Office, Phoenix, AZ, for defendant-appellant Abraham Beltran-Moreno.

Before: PROCTER HUG, JR., STEPHEN REINHARDT and A. WALLACE TASHIMA, Circuit Judges.

REINHARDT, Circuit Judge:

After pleading guilty to a multiple-count indictment charging, inter alia, two independent firearms counts under 18 U.S.C. § 924(c), Jose and Abraham Beltran-Moreno benefitted from the district court's erroneous construction of that statute at sentencing. They should have quit while they were ahead. As the Supreme Court made clear fifteen years ago in Deal v. United States, 508 U.S. 129,...

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