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 This order and judgment is not binding precedent, except under thedoctrines of law of the case, res judicata, and collateral estoppel. This courtgenerally disfavors the citation of orders and judgments; nevertheless, an orderand judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
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 After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of materialassistance in the determination of this appeal. See Fed. R. App. P. 34(a); 10thCir. R. 34.1(G). The cause is therefore ordered submitted without oral argument.
F I L E D
United States Court of AppealsTenth Circuit
OCT 2 2003
PATRICK FISHER 
Clerk UNITED STATES COURT OF APPEALSTENTH CIRCUIT
UNITED STATES OF AMERICA,Plaintiff - Appellee,vs.HEDODUYEHPUA HERMANTHAYER, also known as Heto Thayer,Defendant - Appellant. No. 02-8081(D.C. No. 01-CR-148-J)(D. Wyo.)
ORDER AND JUDGMENT
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Before
KELLY
,
BRISCOE
, and
LUCERO
, Circuit Judges.
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Defendant-Appellant Hedoduyehpua “Heto” Herman Thayer appeals fromhis conviction and sentence. Mr. Thayer’s counsel filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), and moves for leave to withdraw ascounsel. For the reasons set out below, we grant counsel’s motion to withdraw
 
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and dismiss the appeal.While at a party at a home on the Wind River Indian Reservation, Mr.Thayer and Cori Enos got into an argument. IV R. 226-27 & 349. Ms. Enosslapped Mr. Thayer, id. at 227-28 & 349-50; her boyfriend, Martin David Duncan,and Mr. Thayer then went outside, id. at 229. Mr. Thayer retrieved a pistol fromthe trunk of his car and fired, but the shot missed Mr. Duncan. Id. at 233-34. Thereafter, Mr. Thayer and Mr. Duncan got into a fight, with others attempting towrest the gun away from Mr. Thayer. Id. at 235. During this struggle, Mr.Duncan was shot. Id. Mr. Thayer maintains that he acted in self-defense: thefirst shot was a warning shot, and the second was in response to being attacked bya crowd. On November 28, 2001, Mr. Thayer was charged in a four-count indictmentwith assault with a dangerous weapon with intent to do bodily harm in violationof 18 U.S.C. §§ 113(a)(3) and 1153 based upon the first shot (Count One); assaultresulting in serious bodily injury in violation of 18 U.S.C. §§ 113(a)(6) and 1153based upon the second shot (Count Two); use of a firearm during a crime of violence in violation of 18 U.S.C. § 924(c)(1)(A)(iii) (Count Three); and possession of a firearm with an obliterated serial number in violation of 18 U.S.C.§§ 922(k) and 924(a)(1)(B) (Count Four). I R. Doc. 1.On May 24, 2002, a jury found Mr. Thayer guilty of a lesser included
 
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offense of Count One, aggravated assault by threatening to use a drawn deadlyweapon on another, in violation of 18 U.S.C. § 1153 and Wyo. Stat. Ann. § 6-2-502(a)(iii); guilty of Count Two; guilty of a lesser included offense of CountThree, brandishing a firearm during a crime of violence, in violation of 18 U.S.C.§ 924(c)(1)(A)(ii); and not guilty on Count Four. II R. Doc. 72. He wassentenced to 34 months imprisonment on Counts One and Two, and seven yearson Count Three. Id. Doc. 82. Count three runs consecutive to the concurrentsentences on Counts One and Two, to be followed by three years supervisedrelease, concurrent on all counts. Id.  Anders holds that if counsel finds an appeal “to be wholly frivolous, after aconscientious examination of it, he should so advise the court and request permission to withdraw.” 386 U.S. at 744. Counsel must also submit to the courta brief addressing anything in the record that arguably supports the appeal, andthe defendant must be given the opportunity to raise any additional points. Id.In the Anders brief filed by appellate counsel, and in Mr. Thayer’s responsebrief, the following errors are raised: (1) the trial court failed to give Mr.Thayer’s instruction on his theory of the case; (2) the jury’s questions regardingthe instructions were not properly addressed; (3) the jury instructions wereconfusing, which in turn caused the jury to reach an inconsistent verdict; (4) thetrial court failed to give a lesser included instruction under Count One for

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