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U.S. v. MAGNAN

No. 16-7043.

863 F.3d 1284 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. David Brian MAGNAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED July 20, 2017.

Attorney(s) appearing for the Case

William P. Widell, Jr. , Assistant Federal Public Defender ( Julia L. O'Connell , Federal Public Defender, and Chance Cammack , Assistant Federal Public Defender, with him on the brief), Eastern District of Oklahoma, Muskogee, Oklahoma, for Defendant-Appellant.

Richard A. Friedman , Appellate Section, Criminal Division, United States Department of Justice, Washington, D.C. ( Leslie R. Caldwell and Sung-Hee Suh , Deputy Assistant Attorney Generals, United States Department of Justice, Washington, D.C., and Mark F. Green , United States Attorney, and Linda Epperley , Assistant United States Attorney, Eastern District of Oklahoma, Muskogee, Oklahoma, with him on the brief), for Plaintiff-Appellee.

Before BRISCOE, McKAY, and BALDOCK, Circuit Judges.

The district court sentenced Defendant David Magnan, a Native American, to life imprisonment times three after a jury convicted him of murdering Lucilla McGirt and two others in Indian Country in violation of 18 U.S.C. § 1153. Defendant shot McGirt twice and left her to die, paralyzed from the chest down, as part of...

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