No. 12-4266.

725 F.3d 437 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. JAMES Ernest Lespier, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 6, 2013.

Attorney(s) appearing for the Case

ARGUED: Milton Gordon Widenhouse, Jr. , Rudolf, Widenhouse & Fialko, Chapel Hill, North Carolina, for Appellant. Amy Elizabeth Ray , Office of the United States Attorney, Asheville, North Carolina, for Appellee. ON BRIEF: Anne M. Tompkins , United States Attorney, Charlotte, North Carolina, for Appellee.

Affirmed by published opinion. Judge KING wrote the opinion, in which Chief Judge TRAXLER and Senior Judge HAMILTON joined.

KING, Circuit Judge:

Following a six-day jury trial in the Western District of North Carolina, James Ernest Lespier was convicted of two offenses arising from the killing of his ex-girlfriend on the reservation of the Eastern Band of Cherokee Indians. Count One of the two-count indictment alleged that Lespier committed first-degree murder, in violation of 18 U.S.C. §§ 1111 and 1153.1 Count Two alleged that he used a firearm during...

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