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U.S. v. LIRA

No. 11-30324.

725 F.3d 1043 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Dean LIRA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted June 27, 2013.

Filed August 2, 2013.

Attorney(s) appearing for the Case

Brian P. Fay (argued), Angel, Coil & Bartlett, Bozeman, MT, for Defendant-Appellant.

Michael W. Cotter , United States Attorney; Leif M. Johnson (argued), Assistant United States Attorney, Billings, MT, for Plaintiff-Appellee.

Before: A. WALLACE TASHIMA, MILAN D. SMITH, JR., and MORGAN CHRISTEN, Circuit Judges.

OPINION

CHRISTEN, Circuit Judge:

Joseph Dean Lira appeals the 120-month sentence imposed following his jury-trial conviction for use or carrying and possession of firearms in furtherance of a drug trafficking offense, in violation of 18 U.S.C. § 924(c). We have jurisdiction under 28 U.S.C. § 1291. Due to an intervening change in the law, we vacate the entire sentence imposed by the district court, and remand for re-sentencing.

Lira was...

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