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U.S. v. JACKSON

No. 12-2169.

736 F.3d 953 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Jeremiah JACKSON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 26, 2013.

Attorney(s) appearing for the Case

Stephen P. McCue , Federal Public Defender, Albuquerque, New Mexico, for Defendant-Appellant.

James R.W. Braun , Assistant United States Attorney, (and Kenneth J. Gonzales , United States Attorney, on the brief), Albuquerque, New Mexico, for Plaintiff-Appellee.

Before KELLY, MATHESON, Circuit Judges, and BLACKBURN, District Judge.

KELLY, Circuit Judge.

Defendant-Appellant Jeremiah Jackson appeals his conviction and sentence for the deaths of two women accidentally killed while Mr. Jackson was fleeing police following a bank robbery. 18 U.S.C. §§ 2113(a), (e). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a). We affirm the conviction and remand to the district court to vacate the sentence and resentence consistent with this opinion.

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