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U.S. v. PAUL

No. 93-10697.

37 F.3d 496 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Mitchell PAUL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 3, 1994.

Attorney(s) appearing for the Case

Robert J. McWhirter, Asst. Federal Public Defender, Phoenix, AZ, for defendant-appellant.

Paul K. Charlton, Asst. U.S. Atty., Phoenix, AZ, for plaintiff-appellee.

Before: NORRIS, THOMPSON, and TROTT, Circuit Judges.

TROTT, Circuit Judge:

Michael Mitchell Paul was convicted of voluntary manslaughter in violation of 18 U.S.C. § 1112. The district court instructed the jury using the Ninth Circuit model jury instructions for voluntary and involuntary manslaughter. We hold that the district court's instructions constituted plain error because they failed to adequately distinguish the different mental state requirements of voluntary and involuntary manslaughter. Therefore, we...

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