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UNITED STATES v. MERRELL

No. 20-30183, No. 20-30189, No. 21-30043.

37 F.4th 571 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Verne Jay MERRELL, aka Thomas C. James, aka Jay, aka Carl Avery Martell, aka Jay Merrell, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Robert Sherman Berry, aka Jim Preston, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Charles Harrison Barbee, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 10, 2022.

Attorney(s) appearing for the Case

Zachary L. Ayers (argued) and Walter L. Ayers , Ayers Law Firm P.L.L.C., Spokane, Washington, for Defendant-Appellant Robert Sherman Berry.

Mark E. Vovos (argued), Mark E. Vovos P.S., Spokane, Washington, for Defendant-Appellant Charles Harrison Barbee.

Jeffrey S. Niesen , Spokane, Washington, for Defendant-Appellant Verne Jay Merrell.

Joseph H. Harrington (argued), Assistant United States Attorney; Vanessa R. Waldref , United States Attorney; United States Attorney's Office, Spokane, Washington; for Plaintiff-Appellee.

Dissent by Judge Boggs.

OPINION

These consolidated cases arise out of two significant recent developments in federal criminal law. The first was the adoption of the First Step Act of 2018, amending 18 U.S.C. § 924(c)(1), which mandates enhanced sentences for crimes of violence involving the use of firearms. See Pub. L. No....

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