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U.S. v. RAMOS-CRUZ

No. 08-4647.

667 F.3d 487 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Israel RAMOS-CRUZ, a/k/a Taylor, a/k/a Tailor, a/k/a Sastre, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 18, 2012.

Attorney(s) appearing for the Case

ARGUED: Sapna Mirchandani , Office of the Federal Public Defender, Greenbelt, Maryland, for Appellant. John Alexander Romano , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: James Wyda , Federal Public Defender, Baltimore, Maryland, for Appellant. Lanny A. Breuer , Assistant Attorney General, Greg D. Andres , Acting Deputy Assistant Attorney General, James M. Trusty , Deputy Chief, Gang Unit, United States Department of Justice, Washington, D.C.; Rod J. Rosenstein , United States Attorney, Baltimore, Maryland, Chan Park, Robert K. Hur , Assistant United States Attorneys, Office of the United States Attorney, Greenbelt, Maryland, for Appellee.

Affirmed by published opinion. Judge DUNCAN wrote the opinion, in which Judge NIEMEYER joined. Judge FLOYD wrote a separate opinion concurring in part and concurring in the judgment.

OPINION

DUNCAN, Circuit Judge:

A jury convicted appellant Israel Ramos-Cruz on nine criminal counts related to his membership in the gang La Mara Salvatrucha (also known as "MS-13"). Ramos-Cruz appeals his convictions under 18 U.S.C. § 1512(a)(1)(C) for aiding and abetting witness-tampering murder and under 18 U.S.C. § 922(g)(5)(A) for being an illegal alien in possession of a firearm. He also challenges the district court's decision to permit...

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