U.S. v. LESINA

No. 86-3075.

833 F.2d 156 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony Darrell LESINA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 27, 1987.


Attorney(s) appearing for the Case

William W. Youngman, Asst. U.S. Atty., Portland, Or., for plaintiff-appellee.

Stephen R. Sady, Federal Public Defenders Office, Portland, Or., for defendant-appellant.

Before ANDERSON, TANG and NOONAN, Circuit Judges.


TANG, Circuit Judge:

Defendant Anthony Darrell Lesina appeals a conviction of second degree murder. Lesina argues that the district court's jury instructions deprived him of his Fifth Amendment guarantee of due process. We agree, reverse and remand for a new trial.

I

Lesina lived with Marvena Meanus, his fiancee, and Elarrio Medina, his best friend and Meanus' cousin, in a house on the Warm Springs Indian...

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