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U.S. v. WARREN

No. 91-10527.

984 F.2d 325 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Johnnie T. WARREN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 27, 1993.

Attorney(s) appearing for the Case

Rustam A. Barbee, and Birney B. Bervar, Asst. Federal Public Defenders, Honolulu, HI, for defendant-appellant.

Edward H. Kubo, Jr., Asst. U.S. Atty., Honolulu, HI, for plaintiff-appellee.

Before: BROWNING, NORRIS and REINHARDT, Circuit Judges.

JAMES R. BROWNING, Circuit Judge:

Johnnie Warren appeals his convictions for first degree murder (18 U.S.C. § 1111), attempted murder (18 U.S.C. § 1113), and assault with a deadly weapon (18 U.S.C. § 113). We reverse Warren's murder conviction.

I.

On January 5, 1991, 19-year-old Johnnie Warren and a group of his friends were drinking beer at the home of one of the group when Derek Johnson...

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