No. 17-1258 ___________________________

United States of America

lllllllllllllllllllll Plaintiff - Appellee

v.

Anthony Whitewater

lllllllllllllllllllll Defendant - Appellant ___________________________

No. 17-1259 ___________________________

United States of America

lllllllllllllllllllll Plaintiff - Appellee

v.

Anthony Whitewater

lllllllllllllllllllll Defendant - Appellant ____________

Appeals from United States District Court for the District of Nebraska - Omaha ____________ Submitted: November 14, 2017 Filed: January 3, 2018 ____________ Before BENTON, SHEPHERD, and KELLY, Circuit Judges. ____________ SHEPHERD, Circuit Judge.

In the early morning hours of May 2, 2016, a passenger in a Chrysler Pacifica fired multiple rounds at a Chevrolet Tahoe traveling from the Winnebago Indian Reservation to the Omaha Indian Reservation. A federal jury convicted Anthony Whitewater as th