United States Tenth Circuit

A conviction for aiding and abetting the retaliation against a witness, conspiracy to retaliate against a witness, and aiding and abetting the possession and brandishing of a firearm in furtherance of a federal crime of violence is affirmed as to the firearm charge and remanded to bring the written judgment in conformity with the previous oral sentence where: 1) use of a firearm as a club constitutes "brandishment" of a firearm; 2) the evidence was sufficient to establish that the principal had used a firearm during and in relation to a federal crime of violence; 3) the evidence was sufficient to establish that defendant aided and abetted the use of a firearm; and 4) a remand was required to bring the written judgment in conformance with the oral judgment.

Appellate Information

• Decided 06/02/2008
• Published 06/02/2008

Judges

• BALDOCK, Circuit Judge., Before MURPHY, McKAY, and BALDOCK, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Susan L. Foreman, Denver, CO, for Defendant-Appellant., Andrew Vogt, Assistant United States Attorney (Troy A. Eid, United States Attorney, with him on the briefs), Denver, CO, for Plaintiff-Appellee.