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U.S. v. BOISE

No. 89-30071.

916 F.2d 497 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Earl Foster BOISE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 29, 1990.

As Amended September 27, 1990.

Attorney(s) appearing for the Case

Kenneth Lerner, Asst. Federal Defender, Portland, Or., for defendant-appellant.

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

Before WRIGHT, TANG and CANBY, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

In April 1988 Quinton Boise, a six-week-old baby, died on the Warm Springs Indian Reservation. Following an investigation, the government charged his father, Earl Boise, with second degree murder in violation of 18 U.S.C. §§ 1111, 1153. A jury found him guilty and the court sentenced him to 240 months of imprisonment.

I. Sufficiency of the Evidence

Murder in the second degree is the "unlawful killing...

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