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U.S. v. ROCHA

No. 08-50175.

598 F.3d 1144 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Victor ROCHA, also known as Vap-1 Mono, also known as Victor Rosales, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 18, 2010.

Attorney(s) appearing for the Case

Gene D. Vorobyov, Law Office of Gene Vorobyov, CA, for the defendants-appellants.

Thomas P. O'Brien, United States Attorney, Sheri Pym, Antoine F. Raphael (argued), Sean K. Lokey, Assistant United States Attorneys, for the plaintiffs-appellees.

Before: T.G. NELSON, JAY S. BYBEE, and MILAN D. SMITH, JR., Circuit Judges.

BYBEE, Circuit Judge:

After participating in a brawl in a federal correctional facility that resulted in the death of a fellow inmate, Victor Rocha was convicted on two counts: (1) assault committed by means of force likely to produce great bodily injury under California Penal Code § 245, as assimilated into federal law by the Assimilated Crimes Act, 18 U.S.C. § 13; (2) assault with a dangerous weapon under the federal assault statute, 18 U.S.C. § 113...

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