U.S. v. BRUCE

No. 05-2150.

458 F.3d 1157 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Kendall Shannon BRUCE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 15, 2006.


Attorney(s) appearing for the Case

Michael A. Keefe, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant.

Presiliano Torrez, Assistant United States Attorney (David C. Iglesias, United States Attorney, Kyle T. Nayback, Assistant United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before MURPHY, HOLLOWAY, and HARTZ, Circuit Judges.


MURPHY, Circuit Judge.

I. INTRODUCTION

A grand jury returned a three-count indictment against Kendall Bruce, accusing him of two counts of assault with a dangerous weapon with intent to do bodily harm and one count of assault resulting in serious bodily injury. 18 U.S.C. §§ 113(a)(3), 113(a)(6), 1153(a). A jury found Bruce guilty of all three counts. Bruce claims he is entitled to a new trial because the district court failed to instruct the jury...

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