U.S. v. SESCHILLIE

No. 01-10147.

310 F.3d 1208 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Emerson SESCHILLIE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 21, 2002.


Attorney(s) appearing for the Case

Karen M. Wilkinson, Assistant Federal Public Defender, District of Arizona, Phoenix, AZ, for the defendant-appellant.

Joseph C. Welty, Assistant United States Attorney, District of Arizona, Phoenix, AZ, for the plaintiff-appellee.

Before: SNEED, HUG and BERZON, Circuit Judges.


BERZON, Circuit Judge.

One evening Emerson Seschillie fired shots at four people, including himself, at a bead stand on the Navajo Reservation. At his jury trial, Seschillie's sole defense with regard to all the shootings was that he did not intend to pull the trigger of his .357 revolver. Rather, Seschillie argued, each time the gun was fired he and someone else were struggling for control of the gun, causing him to accidentally fire it. We must decide whether the...

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