U.S. v. GAVIN

No. 90-10580.

959 F.2d 788 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. David Louis GAVIN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 16, 1992.

As Amended June 26, 1992.


Attorney(s) appearing for the Case

Hayden Aluli, Asst. Federal Public Defender, Honolulu, Hawaii, for defendant-appellant.

Stuart Gasner, Asst. U.S. Atty., Honolulu, Hawaii, for plaintiff-appellee.

Before ALDISERT, GOODWIN and NOONAN, Circuit Judges.


NOONAN, Circuit Judge:

David Louis Gavin appeals his conviction of abusive contact with another by putting her in fear, in violation of 18 U.S.C. § 2244(a)(2). The incident occurred on Kwajalein Atoll, a special maritime and territorial jurisdiction of the United States, and so within the reach of 18 U.S.C. § 2244. The major issue on the appeal is whether Gavin was entitled under Federal Rules of Criminal Procedure 31(c) to an instruction on a lesser offense...

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