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UNITED STATES v. MARTINEZ

No. 22-2034.

92 F.4th 1213 (2024)

UNITED STATES of America, Plaintiff-Appellee, v. Jody Rufino MARTINEZ, a/k/a Mono, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED February 16, 2024.

Attorney(s) appearing for the Case

Nichols T. Hart ( Carter B. Harrison IV with him on the briefs), Harrison, Hart & Davis, LLC, Albuquerque, NM, for Defendant-Appellant.

Richard C. Williams , Assistant United States Attorney ( Alexander M.M. Uballez , United States Attorney, Albuquerque, New Mexico, with him on the brief), Las Cruces, NM, for Plaintiff-Appellee.

Before HOLMES, Chief Judge, MORITZ, and EID, Circuit Judges.

A jury convicted Jody Rufino Martinez, a member of the Syndicato de Nuevo México ("SNM"), a violent New Mexico-based prison gang, of murder under the Violent Crimes in Aid of Racketeering ("VICAR") Act, 18 U.S.C. § 1959(a), racketeering conspiracy, and unlawful possession of a firearm. Mr. Martinez appeals his convictions...

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