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U.S. v. THOMPSON

Nos. 10-50381, 10-50479, 11-50081.

728 F.3d 1011 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Clinton Elwyn THOMPSON, III, aka Darion Jones, aka Calvin Leon Thompson, aka Clinton Edwin Thompson, aka Clinton Elway Thompson, aka Clinton Elwin Thompson, III, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Tavrion Dawson, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Samuel Anthony Eaton, aka Samuel Eaton, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 29, 2013.

Attorney(s) appearing for the Case

Mark Yanis (argued), Huntington Beach, CA, for Defendant-Appellant Clinton Thompson, III.

Gretchen Fusilier (argued), Carlsbad, CA, for Defendant-Appellant Tavrion Dawson.

Sean K. Kennedy , Federal Public Defender; Samuel A. Josephs (argued), Deputy Federal Public Defender, Federal Public Defenders' Office, Los Angeles, CA, for Defendant-Appellant Samuel Eaton.

André Birotte Jr. , United States Attorney; Robert E. Dugdale , Assistant United States Attorney, Chief, Criminal Division; Justin R. Rhoades (argued) and Lana Morton-Owens , Assistant United States Attorneys, Violent & Organized Crimes Section, United States Attorney's Office, Los Angeles, CA, for Plaintiff-Appellee.

Opinion by Judge REINHARDT; Dissent by Judge MURGUIA.

OPINION

REINHARDT, Circuit Judge:

This case involves a penalty enhancement statute, 18 U.S.C. § 844(h)(1), which imposes a mandatory ten-year consecutive sentence (in addition to the sentence for the underlying felony) on anyone who "uses fire ... to commit any felony." The enhancement is increased to twenty mandatory consecutive years for a second offense.1 § 844(h). Defendants Clinton Thompson, Tavrion Dawson, and...

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