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UNITED STATES v. BEGAY

No. 14-10080.

33 F.4th 1081 (2022)

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

United States Court of Appeals, Ninth Circuit.

Filed May 5, 2022.

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.

Krissa M. Lanham (argued) and Karla Hotis Delord , Assistant United States Attorneys; United States Attorney's Office, Phoenix, Arizona; for Plaintiff-Appellee.

Mitchell Keiter , Keiter Appellate Law, Beverly Hills, California, for Amicus Curiae Amicus Populi.

Opinion by Judge Christen; Concurrence by Chief Judge Murguia; Dissent by Judge Wardlaw; Dissent by Judge Ikuta.

OPINION

Randly Irvin Begay appeals his federal convictions for second-degree murder in violation of 18 U.S.C. §§ 1111(a) and 1153, and for discharging a firearm during a "crime of violence" in violation of 18 U.S.C. § 924(c). Begay also appeals the district court's restitution award. Begay raises...

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