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U.S. v. BEGAY

No. 14-10080.

934 F.3d 1033 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Randly Irvin BEGAY, aka Randly Begay, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted May 26, 2016.

Submission Vacated and Deferred March 29, 2017.

Resubmitted August 19, 2019 San Francisco, California.

Filed August 19, 2019.

Attorney(s) appearing for the Case

M. Edith Cunningham (argued), Assistant Federal Public Defender; Jon M. Sands , Federal Public Defender; Office of the Federal Public Defender, Tucson, Arizona; for Defendant-Appellant.

Karla Hotis Delord (argued), Assistant United States Attorney; Krissa M. Lanham , Deputy Appellate Chief; Robert L. Miskell , Appellate Chief; United States Attorney's Office, Phoenix, Arizona; for Plaintiff-Appellee.

Dissent by Judge N.R. Smith.

OPINION

Randly Irvin Begay appeals his jury conviction and sentence for second-degree murder under 18 U.S.C. §§ 1111 and 1153 and discharging a firearm during a "crime of violence" in violation of 18 U.S.C. § 924(c)(1)(A). We affirm Begay's conviction...

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