United States Ninth Circuit

Defendant's first-degree murder and using a firearm during a crime of violence in violation are affirmed where there was sufficient evidence to establish premeditation because: 1) the jury could reasonably infer that defendant got a gun from under the back seat and then returned to shoot the victims; 2) the jury could reasonably infer that defendant had enough time to become fully conscious of his intent to kill and to consider the killing; and 3) defendant failed to meet his burden of production with respect to the issue of whether he was provoked to kill.

Appellate Information

• Decided 01/12/2011
• Published 01/12/2011

Judges

• Richard R. Clifton

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Daniel L. Kaplan, John R. Lopez