United States v. Damien Zepeda

Opinion by Judge PAEZ; Dissent by Judge WATFORD.

OPINION

PAEZ, Circuit Judge:

On October 25, 2008, Damien Zepeda (“Zepeda”) traveled with his brothers Jeremy and Matthew Zepeda (“Matthew”) to the home of Dallas Peters (“Peters”), located on the Ak-Chin Reservation of Arizona. Zepeda and Matthew opened fire upon the house’s occupants, injuring Peters severely. In a nine-count indictment, the government charged Zepeda with, inter alia, conspiracy to commit assault, assault with a deadly weapon, and use of a firearm during a crime of violence.1 The *1054indictment alleged that Zepeda was an “Indianf ].”…