U.S. v. ROSALEZ

Nos. 11-1408, 11-1406, 11-1404.

711 F.3d 1194 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Mark ROSALEZ, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Juan Martin Ruelas, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Justin Hernandez, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 29, 2013.


Attorney(s) appearing for the Case

Peter R. Bornstein of Peter R. Bornstein Law Office, Greenwood Village, CO, for Defendant-Appellant, Mark Rosalez.

Elizabeth L. Harris , ( Sudee M. Wright , with her on the briefs), of Husch Blackwell, LLP, Denver, CO, for Defendant-Appellant, Juan Martin Ruelas.

Lisa Fine Moses of Knight & Moses, Littleton, CO ( Antony M. Noble of the Noble Law Firm, LLC, Lakewood, CO, with her on the briefs), for Defendant-Appellant, Justin Hernandez.

Hayley Reynolds , Assistant United States Attorney, ( John F. Walsh , United States Attorney, and Patricia Davies , Assistant United States Attorney, with her on the consolidated brief), for Plaintiff-Appellee.

Before BRISCOE, Chief Judge, MATHESON, Circuit Judge, and JOHNSON, District Judge.


BRISCOE, Chief Judge.

Defendants Mark Rosalez, Juan Ruelas, and Justin Hernandez, all of whom were federal inmates at the time of the underlying crimes, were jointly tried and convicted by a jury of conspiracy to assault another inmate, in violation of 18 U.S.C. § 371, and murder in the second degree, in violation of 18 U.S.C. §§ 1111(a) and 2(a). All three of the defendants were sentenced to lengthy terms...

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