U.S. v. BENALLY

No. 96-2291.

146 F.3d 1232 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Arvin BENALLY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 24, 1998.


Attorney(s) appearing for the Case

John Van Butcher, Assistant Federal Public Defender, Albuquerque, New Mexico, for the Defendant-Appellant.

Mary Catherine McCulloch, Assistant United States Attorney (John J. Kelly, United States Attorney, with her on the brief), Albuquerque, New Mexico, for the Plaintiff—Appellee.

Before BRISCOE, McWILLIAMS and LUCERO, Circuit Judges.


LUCERO, Circuit Judge.

Arvin Benally appeals his conviction of voluntary manslaughter, arguing that the district court erroneously failed to instruct the jury on self-defense and involuntary manslaughter, and wrongly denied two motions to suppress evidence. We agree that the record reveals evidence upon which a reasonable jury could have acquitted defendant on the basis of self-defense, or, alternatively, found him guilty of involuntary manslaughter. Consequently...

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