U.S. v. ESTRADA-FERNANDEZ

No. 97-10661.

150 F.3d 491 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Jaime ESTRADA-FERNANDEZ; Jose Valenzuela-Hernandez, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 10, 1998.


Attorney(s) appearing for the Case

Tanya K. Pierce, Asst. U.S. Atty., Denise B. Williams, Lubbock, TX, for Plaintiff-Appellee.

Helen Miller Liggett, Asst. Fed. Pub. Defender, Lubbock, TX, for Jaime Estrada-Fernandez.

Gene Frank Walters, Lubbock, TX, for Jose Valenzuela-Hernandez.

Before KING and DAVIS, Circuit Judges, and VANCE, District Judge.


PER CURIAM:

Defendants-appellants Jaime Estrada-Fernandez and Jose Valenzuela-Hernandez appeal their convictions for assault with a dangerous weapon pursuant to 18 U.S.C. § 113(a)(3). They contend that the district court erred in failing to give certain lesser-included-offense instructions to the jury. For the reasons set forth below, we affirm the district court's judgment of conviction and sentence as to Jose Valenzuela-Hernandez, and we reverse the district...

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