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U.S. v. TOLEDO

No. 13-2027.

739 F.3d 562 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Dhanzasikam R. TOLEDO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 7, 2014.

Attorney(s) appearing for the Case

Marc H. Robert , Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant.

Niki Tapia-Brito , ( Kenneth J. Gonzales , United States Attorney, and James R.W. Braun , Assistant United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before KELLY, HARTZ, and MATHESON, Circuit Judges.

KELLY, Circuit Judge.

Defendant-Appellant Dhanzasikam R. Toledo appeals from his conviction of voluntary manslaughter. 18 U.S.C. §§ 1112, 1153. Although the district court instructed the jury on second degree murder and voluntary manslaughter, it denied Mr. Toledo's request for self-defense and involuntary manslaughter instructions. Our jurisdiction arises under 28 U.S.C. § 1291, and we reverse and remand for a new trial.

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