United States Ninth Circuit

Defendant's involuntary manslaughter conviction is affirmed, where: 1) Defendant's self-defense theory did not preclude an involuntary manslaughter instruction and 2) the District Court properly considered the factors in 18 U.S.C. section 3553(a) in making its sentencing decision.

Appellate Information

• Argued 02/03/2009
• Decided 04/24/2009
• Published 04/24/2009

Judges

• JENKINS, Senior District Judge:, Before:  RICHARD A. PAEZ and JOHNNIE B. RAWLINSON, Circuit Judges, and BRUCE S. JENKINS, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Anthony R. Gallagher, Federal Defender, Great Falls, MT, for the defendant-appellant., William W. Mercer, United States Attorney, and Eric B. Wolff, Assistant United States Attorney, Billings, MT, for the plaintiff-appellee.