United States v. Randly Begay

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 14-10080 Plaintiff-Appellee, D.C. No. v. 3:13-cr-08073-

NVW-

RANDLY IRVIN BEGAY, AKA Randly Begay, Defendant-Appellant. OPINION

Appeal from the United States District Court for the District of Arizona Neil V. Wake, District Judge, Presiding

Argued and Submitted January 24, 2022 Pasadena, California

Filed May 5, 2022

Before: Mary H. Murguia, Chief Judge, and M. Margaret McKeown, Kim McLane Wardlaw, Johnnie B. Rawlinson, Richard R. Clifton, Milan D. Smith, Jr., Sandra S. Ikuta, Morgan Christen, Mark J. Bennett, Eric D. Miller and Lawrence VanDyke, Circuit Judges.

Opinion by Judge Christen; Concurrence by Chief Judge Murguia; Dissent by Judge Wardlaw; Dissent by Judge Ikuta SUMMARY*

Criminal Law

The en banc court affirmed Randly Irvin Begay’s convictions for second-degree murder (18 U.S.C. §§ 1111(a) and 1153) and for discharging a firearm during a crime of violence (18 U.S.C. § 924(c)), vacated the district court’s order of mandatory restitution, and remanded, in a case in which a divided…