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U.S. v. LaFLEUR

Nos. 89-50599, 89-50644.

952 F.2d 1537 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Larry Wayne LaFLEUR, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Nick Michael HOLM, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 16, 1991.

Attorney(s) appearing for the Case

John Lanahan, Asst. Federal Public Defender, San Diego, Cal., for defendant-appellant Larry Wayne LaFleur.

Richard Boesen, San Diego, Cal., for defendant-appellant Nick Michael Holm.

Larry A. Burns, Asst. U.S. Atty., argued; Nancy L. Worthington, Asst. U.S. Atty., on the brief; San Diego, Cal., for plaintiff-appellee.

Before ALARCON, NORRIS and WIGGINS, Circuit Judges.

WIGGINS, Circuit Judge:

Larry Wayne LaFleur appeals from a jury verdict finding him guilty of first degree murder under 18 U.S.C. § 1111(a), and from the life sentence he received pursuant to 18 U.S.C. § 1111(b). LaFleur contends that 1) the district court improperly refused to instruct the jury on voluntary manslaughter, 2) the district court erred in denying his motion for a new trial based on jury misconduct, and 3) the life sentence he received is unconstitutional...

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