United States v. Gina Antoinette Browner

GARWOOD, Circuit Judge:

This appeal follows a retrial after the voluntary manslaughter conviction of defendant-appellant Gina Antoinette Browner (Mrs. Browner) 1 was reversed by this Court and a new trial ordered for failure to instruct on the lesser included offense of involuntary manslaughter. United States v. Browner, 889 F.2d 549 (5th Cir.1989) (Browner I). At her second trial, Mrs. Browner was acquitted on the charge of voluntary manslaughter but convicted of assault with a dangerous weapon, in accordance with an instruction that assault with a dangerous weapon is a lesser included…