United States Ninth Circuit

Defendant's assault with a deadly weapon conviction is affirmed, where, although there was a reasonable likelihood that the District Court's jury instruction misled the jury into thinking that the government did not need to prove Defendant's use of a deadly weapon beyond a reasonable doubt, the error was not prejudicial.

Appellate Information

• Argued 12/17/2008
• Decided 03/24/2009
• Published 03/24/2009

Judges

• Before: ALEX KOZINSKI, Chief Circuit Judge, MARY M. SCHROEDER, STEPHEN REINHARDT, ANDREW J. KLEINFELD, HAWKINS, SUSAN P. GRABER, KIM McLANE WARDLAW, RONALD M. GOULD, RICHARD A. PAEZ, MARSHA S. BERZON, and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Davina T. Chen, Deputy Federal Public Defender (authored briefs and presented oral argument), Los Angeles, CA, for the defendant-appellant., Erik Michael Silber, Assistant United States Attorney (presented oral argument), and Craig H. Missakian, Assistant United States Attorney (authored brief), Los Angeles, CA, for the plaintiff-appellee.