Donell R. Washington v. United States

NEBEKER, Senior Judge:

Appellant Donell R. Washington appeals his convictions at a jury trial of first-degree murder while armed 1 and related offenses. 2 On appeal, he contends that the trial court abused its discretion in two respects: (1) by refusing to issue a missing evidence instruction following the government’s loss of DNA swabs prior to trial; and (2) delivering a concurrent intent jury instruction with respect to the AWIKWA charges. Having concluded that the DNA swabs lost by the government amounted to no more than potential evidence and that the trial court did not err in issuing a…