U.S. v. RIVERA-ALONZO

No. 08-10081.

584 F.3d 829 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Rafael RIVERA-ALONZO, a.k.a. Rafael Alonzo-Rivera, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 26, 2009.


Attorney(s) appearing for the Case

Alex D. Gonzalez, Gonzalez & Smith, PC, Chandler, AZ, for the defendant-appellant, Rafael Rivera-Alonzo.

Karla H. Delord, Assistant United States Attorney for the District of Arizona, Phoenix, AZ, for the appellee, United States of America.

Before: JOHN T. NOONAN, MARSHA S. BERZON, and N. RANDY SMITH, Circuit Judges.


N.R. SMITH, Circuit Judge:

A district court does not abuse its discretion in refusing to give an instruction on the lesser included offense, where, as here, a rational jury could not have convicted the defendant of the lesser-included offense without finding the element that would convert the lesser offense into the greater offense. Also, given the record in this case, the district court did not commit clear error in finding on sentencing that the defendant's conduct...

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