No. 07-10487.

673 F.3d 1038 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Kenderick BEGAY, a.k.a. Kendrick Begay, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 12, 2011.

Attorney(s) appearing for the Case

Daniel L. Kaplan , Assistant Federal Public Defender, Phoenix, AZ, for the appellant.

John R. Lopez , Assistant United States Attorney, Phoenix, AZ, for the appellee.

Opinion by Judge CLIFTON; Dissent by Judge REINHARDT.


CLIFTON, Circuit Judge:

Kenderick Begay appeals his convictions on two counts of first-degree murder in violation of 18 U.S.C. §§ 1111(a) and 1153(a), and two counts of using a firearm during a crime of violence in violation of 18 U.S.C. § 924(c)(1)(A). Begay's principal argument on appeal is that the evidence introduced at trial, even when taken in the light most favorable to the prosecution, fails to establish that he acted with...

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