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U.S. v. ZEPEDA

No. 10-10131.

792 F.3d 1103 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Damien ZEPEDA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 7, 2015.

Attorney(s) appearing for the Case

Michele R. Moretti (argued), Law Office of Michele R. Moretti, Lake Butler, FL, for Defendant-Appellant.

Robert Lally Miskell (argued), Assistant United States Attorney, Office of the United States Attorney, Tucson, AZ; Joan G. Ruffennach, Assistant United States Attorney, Mark S. Kokanovich and Randall M. Howe , Deputy Appellate Chiefs, and Ann Birmingham Scheel , Acting United States Attorney, Phoenix, AZ, for Plaintiff-Appellee.

Paul Whitfield Hughes (argued), Charles Rothfeld , Michael Kimberly and Breanne Gilpatrick , Mayer Brown LLP, Washington, D.C.; David Porter , Sacramento, CA, for Amici Curiae National Association of Criminal Defense Lawyers and Ninth Circuit Federal Public and Community Defenders.

Opinion by Judge W. FLETCHER; Concurrence by Judge KOZINSKI; Concurrence by Judge IKUTA.

OPINION

Damien Zepeda appeals from his convictions and sentence on one count of conspiracy to commit assault with a dangerous weapon and to commit assault resulting in serious bodily injury; one count of assault resulting in serious bodily injury; three counts of assault with a dangerous weapon; and four counts...

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