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UNITED STATES v. DRAPER

No. 17-15104.

84 F.4th 797 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel James DRAPER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 17, 2023.

Attorney(s) appearing for the Case

Wendi L. Overmyer (argued) and Amy B. Cleary , Assistant Federal Public Defenders; Rene L. Valladares , Federal Public Defender; Federal Public Defender's Office, Las Vegas, Nevada; for Defendant-Appellant.

Adam M. Flake (argued), Assistant United States Attorney; Elizabeth O. White , Appellate Chief; Jason M. Frierson , United States Attorney; United States Attorney's Office, Las Vegas, Nevada; Robert L. Ellman and William R. Reed , Assistant United States Attorneys, United States Attorney's Office, Reno, Nevada; for Plaintiff-Appellee.

Before: Jacqueline H. Nguyen and Jennifer Sung, Circuit Judges, and Joseph F. Bataillon, District Judge.

OPINION

Daniel Draper shot and killed Linford Dick. A jury convicted him of voluntary manslaughter, a violation of 18 U.S.C. § 1112, and using a firearm during a crime of violence, a violation of 18 U.S.C. § 924(c). Draper appeals the district court's denial of his motion under 28 U.S.C. § 2255. He...

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