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U.S. v. ZEPEDA

No. 10-10131.

705 F.3d 1052 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Damien ZEPEDA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 18, 2013.

Attorney(s) appearing for the Case

Joan G. Ruffennach , Assistant United States Attorney, Office of the United States Attorney, Phoenix, AZ, for Plaintiff-Appellee.

Michele R. Moretti , Law Office of Michele R. Moretti, Lake Butler, FL, for Defendant-Appellant.

Opinion by Judge PAEZ; Dissent by Judge WATFORD.

OPINION

PAEZ, Circuit Judge:

On October 25, 2008, Damien Zepeda ("Zepeda") traveled with his brothers Jeremy and Matthew Zepeda ("Matthew") to the home of Dallas Peters ("Peters"), located on the Ak-Chin Reservation of Arizona. Zepeda and Matthew opened fire upon the house's occupants, injuring Peters severely. In a nine-count indictment, the government charged Zepeda with, inter alia, conspiracy to commit assault, assault with a deadly weapon, and...

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