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U.S. v. RENTZ

No. 12-4169.

735 F.3d 1245 (2013)

UNITED STATES of America, Plaintiff-Appellant, v. Philbert RENTZ, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 18, 2013.

Attorney(s) appearing for the Case

Trina A. Higgins , Assistant United States Attorney ( David B. Barlow , United States Attorney, with her on the briefs), Office of the United States Attorney for the District of UT, Salt Lake City, UT, for Plaintiff-Appellant.

Jeremy M. Delicino , ( Elizabeth A. Lorenzo , Jeremy M. Delicino, LLC, Salt Lake City, UT, and Stephen R. McCaughey , McCaughey & Metos, Salt Lake City, UT, with him on the brief), for Defendant-Appellee.

Before KELLY, MATHESON, and BLACKBURN, Circuit Judges.

MATHESON, Circuit Judge.

After Philbert Rentz fired a single gunshot that wounded one victim and killed another, he was charged with two separate counts of using a firearm during a crime of violence in violation of 18 U.S.C. § 924(c). Mr. Rentz moved to dismiss the second § 924(c) count. The district court granted his motion, holding that § 924(c) cannot support multiple § 924(c) charges arising from a single use of a firearm. The Government appeals...

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