1. Home
  2. Browse Decisions
  3. F.3d
  4. 520 F.3d
  5. 520 F.3d 1097 (2008)
 

U.S. v. SMITH

No. 05-50375.

520 F.3d 1097 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Malik SMITH, a/k/a Michael Marvin Montana, Tarid M. Smith, Tarik N. Smith, Tarik Smith, Tarik Marchand Smith, Tarik Malik Smith, Milik and Tarid Smith, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 31, 2008.

Memorandum Filed May 26, 2006.

Memorandum Withdrawn March 31, 2008.

Attorney(s) appearing for the Case

Davina T. Chen, Deputy Federal Public Defender, Los Angeles, CA, argued the cause for the defendant-appellant, and filed briefs; Maria E. Stratton, Federal Public Defender, Los Angeles, CA, was on the briefs.

Craig H. Missakian, Assistant U.S. Attorney, Los Angeles, CA, argued the cause for the plaintiff-appellee, and filed a brief; Debra Wong Yang, U.S. Attorney, and Thomas P. O'Brien, Assistant U.S. Attorney, were on the brief.

Before: D.W. NELSON and DIARMUID F. O'SCANNLAIN, Circuit Judges, and ROBERT C. JONES, District Judge.

Opinion by Judge O'SCANNLAIN; Dissent by Judge D.W. NELSON.

O'SCANNLAIN, Circuit Judge:

We must primarily decide whether a jury instruction impermissibly relieved the government of its burden to prove beyond a reasonable doubt that the defendant used a "dangerous weapon," an essential element of the crime.

I

In August 1999, four inmates at the federal penitentiary in Lompoc, California, were in...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases