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U.S. v. SAYETSITTY

Nos. 95-10483, 95-10484.

107 F.3d 1405 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Larry SAYETSITTY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Joe SAYETSITTY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 28, 1997.

Attorney(s) appearing for the Case

C. Kenneth Ray, II, Atmore L. Baggot, Phoenix, Arizona, for defendants-appellants.

Michael J. Bidwill, Joan G. Ruffennach, Assistant United States Attorneys, Phoenix, Arizona, for plaintiff-appellee.

Before: CHOY, CANBY, and FERNANDEZ, Circuit Judges.

CANBY, Circuit Judge:

Defendants-Appellants Larry and Joe Sayetsitty were convicted in separate jury trials of second-degree murder in violation of 18 U.S.C. §§ 1153 (Major Crimes Act), 1111 (murder), and 2 (aiding and abetting). Larry Sayetsitty appeals both his conviction and his sentence; finding no error in either, we affirm. Joe Sayetsitty appeals only his conviction; we reverse because we conclude that the district court erred in failing to instruct...

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