U.S. v. HATATLEY

No. 96-4170.

130 F.3d 1399 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis HATATLEY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 10, 1997.


Attorney(s) appearing for the Case

Scott M. Matheson, Jr., United States Attorney (David J. Schwendiman, First Assistant United States Attorney with him on the brief), Salt Lake City, UT, for Plaintiff-Appellee.

Deirdre A. Gorman, Farr, Kaufman, Sullivan, Gorman, Jensen, Medsker & Perkins, Ogden, UT, for Defendant-Appellant.

Before BALDOCK, McWILLIAMS and EBEL, Circuit Judges.


BALDOCK, Circuit Judge.

Defendant Dennis Hatatley seeks reversal of a jury verdict finding him guilty of voluntary manslaughter. On appeal, Defendant argues the district court: 1) improperly denied his request for an involuntary manslaughter instruction; 2) violated his right to due process by allowing the government to remove the phrase "aiding and abetting" from the indictment prior to submitting the case to the jury; 3) committed plain error by not submitting a...

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