U.S. v. SERAWOP

No. 04-4082.

410 F.3d 656 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Redd Rock SERAWOP, a/k/a Reddrock Serawop, a/k/a Redrock Serawop, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 6, 2005.


Attorney(s) appearing for the Case

G. Fred Metos, Salt Lake City, UT, for Defendant-Appellant.

Diana Hagen, Assistant United States Attorney (Paul M. Warner, United States Attorney, with her on the brief), Salt Lake City, UT, for Plaintiff-Appellee.

Before TACHA, Chief Circuit Judge, McKAY, Senior Circuit Judge, and EBEL, Circuit Judge.


EBEL, Circuit Judge.

This appeal requires us to decide what mental state is required to convict a defendant of voluntary manslaughter under 18 U.S.C. § 1112 and to determine how district courts must instruct juries regarding that mental element. We hold that, in order to convict a defendant of voluntary manslaughter under 18 U.S.C. § 1112, the Government must prove beyond a reasonable doubt that the defendant acted...

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