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U.S. v. MAIN

No. 96-30139.

113 F.3d 1046 (1997)

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

United States Court of Appeals, Ninth Circuit.

Decided May 12, 1997.

Attorney(s) appearing for the Case

Anthony R. Gallagher, argued, Federal Defender, Great Falls, Montana, Kristina Guest, on the brief, Third Year Law Student, Federal Defenders of Montana, for defendant-appellant.

Lori A. Harper, Assistant United States Attorney, Great Falls, Montana, for plaintiff-appellee.

Before: JOHN T. NOONAN, THOMPSON and KLEINFELD, Circuit Judges.

OPINION

NOONAN, Circuit Judge.

Michael Vernon Main appeals his conviction of involuntary manslaughter on the Fort Belknap Indian reservation in violation of 18 U.S.C. § 1112. We hold that the district court erred in its instruction to the jury on causation and accordingly reverse the judgment of conviction.

FACTS

At 1:30 a.m. on September 1, 1995 Deputy Sheriff Shawn Kovacich stopped a pickup truck for erratic driving and a...

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