202743P.pdf   12/30/2022  United States  v.  Ranson Long Pumpkin
   U.S. Court of Appeals Case No:  20-2743
                          and No:  20-2770
   U.S. District Court for the District of South Dakota - Western   
   [PUBLISHED] [Colloton, Author, with Shepherd and Kelly, Circuit Judges] 
   Criminal case - Criminal law. The district court did not violate 
   defendants' Sixth Amendment rights by not permitting them to cross-examine 
   two government witnesses regarding their drug use after it determined they 
   would likely invoke the Fifth Amendment during their cross-examination; 
   the evidence was sufficient to support defendants' convictions for 
   carjacking resulting in serious bodily injury; there was no error in 
   giving an instruction of aiding and abetting the use and discharge of a 
   firearm in relation to a crime of violence; while the evidence in the case 
   supports the defendants' conviction for the basic Sec. 924(c) offense of 
   using a firearm, the evidence fell short of establishing that they 
   discharged a firearm in relationship to the carjacking as the offense was 
   necessarily ended before the firearms were discharged; as a result their 
   conviction for the greater offense of discharging a firearm under Sec. 
   924(C)(1)(A)(iii) must be vacated and reduced to convictions for using a 
   firearm under Sec. 924(c)(1)(a)(i). Judge Kelly, dissenting.