Attorney(s) appearing for the Case
Davina T. Chen, Deputy Federal Public Defender, Los Angeles, CA, argued the cause for the defendant-appellant, and filed briefs; Maria E. Stratton, Federal Public Defender, Los Angeles, CA, was on the briefs.
Craig H. Missakian, Assistant U.S. Attorney, Los Angeles, CA, argued the cause for the plaintiff-appellee, and filed a brief; Debra Wong Yang, U.S. Attorney, and Thomas P. O'Brien, Assistant U.S. Attorney, were on the brief.
Before: D.W. NELSON and DIARMUID F. O'SCANNLAIN, Circuit Judges, and ROBERT C. JONES, District Judge.
United States Court of Appeals, Ninth Circuit.
Opinion by Judge O'SCANNLAIN; Dissent by Judge D.W. NELSON.
O'SCANNLAIN, Circuit Judge:
We must primarily decide whether a jury instruction impermissibly relieved the government of its burden to prove beyond a reasonable doubt that the defendant used a "dangerous weapon," an essential element of the crime.
In August 1999, four inmates at the federal penitentiary in Lompoc, California, were in...
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