U.S. v. SIMMONDS

No. 90-3218.

931 F.2d 685 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Christopher SIMMONDS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 29, 1991.


Attorney(s) appearing for the Case

Christina L. Morris, Asst. U.S. Atty., Kansas City, Kan. (Lee Thompson, U.S. Atty., and Tanya J. Treadway, Asst. U.S. Atty., Kansas City, Kan., on the brief), for plaintiff-appellee.

James E. Rumsey, Lawrence, Kan., for defendant-appellant.

MOORE, ALDISERT, and McWILLIAMS, Circuit Judges.


ALDISERT, Circuit Judge.

This case requires us to decide whether the district court committed plain error by failing to instruct the jury on a defense of diminished capacity in a prosecution of an inmate for assaulting correctional officers. A federal jury convicted Christopher Simmonds, an inmate in a federal penitentiary, of assaulting two correctional officers with razor blades and of possessing the blades with the intent to use them as a weapon. Although Simmonds...

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