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U.S. v. O'KEEFE

No. 04-30691.

426 F.3d 274 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Richard A. O'KEEFE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 19, 2005.

Attorney(s) appearing for the Case

Gaven Dall Kammer (argued), William P. Gibbens, New Orleans, LA, for Plaintiff-Appellee.

George Chaney, Jr. (argued), Robin Elise Schulberg, Covington, LA, for Defendant-Appellant.

Before KING, Chief Judge, and BARKSDALE and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

The defendant, Richard O'Keefe ("O'Keefe"), appeals from his jury conviction and sentence for "seaman's manslaughter," in violation of 18 U.S.C. § 1115.

On appeal, O'Keefe brings the following claims of error: the district court erred (1) by rejecting his proposed jury instruction stating that gross negligence or heat of passion is necessary for a conviction pursuant to 18 U.S.C. § 1115, and (2) in refusing to admit...

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