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MCCOY v. U.S.

No. 16-3953.

960 F.3d 487 (2020)

Brian Gene MCCOY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 26, 2020.

Attorney(s) appearing for the Case

Neil Fulton , Federal Public Defender, Federal Public Defender's Office, Pierre, SD, Molly Quinn , Assistant Federal Public Defender, Federal Public Defender's Office, Sioux Falls, SD, for Petitioner-Appellant.

Brian Gene McCoy, Federal Correctional Institution, San Pedro, CA, Pro. Se.

Megan A. Healy , Assistant U.S. Attorney, U.S. Attorney's Office, District of North Dakota, Fargo, ND, Rick Lee Volk , Assistant U.S. Attorney, U.S. Attorney's Office, District of North Dakota, Bismarck, ND, for Respondent-Appellee.

Before COLLOTON, BEAM, and KELLY, Circuit Judges.

A jury found Brian McCoy guilty of voluntary manslaughter, in violation of 18 U.S.C. §§ 1112 and 1152, and using a firearm during and in relation to a "crime of violence," in violation of § 924(c)(1)(A). The district court1 sentenced McCoy to consecutive terms of 96 months' imprisonment...

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