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U.S. v. ANDERSON

Nos. 98-50238, 98-50239

201 F.3d 1145 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Christopher James ANDERSON, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Carlos Anthony Miranda, a.k.a. Pico, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 25, 2000

Attorney(s) appearing for the Case

Kenneth M. Miller, Santa Ana, California, for defendant-appellant Anderson.

Mark R. Lippman, La Jolla, California, for defendant-appellant Miranda.

Michael Terrell, Assistant United States Attorney, Los Angeles, California, for the plaintiff-appellee.

Before: BOOCHEVER and T.G. NELSON, Circuit Judges, and WARE, District Judge.

BOOCHEVER, Circuit Judge:

Christopher James Anderson and Carlos Anthony Miranda, inmates at Lompoc Federal Corrections Institute, were convicted of voluntary manslaughter in the stabbing death of another inmate. On appeal, they raise a number of issues, including whether it was plain error not to instruct the jury on the lesser included offense of involuntary manslaughter. We conclude that the failure to give an involuntary manslaughter instruction was plain error...

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