United States v. Simon Frank Weise, United States of America v. Simon Frank Weise

FAGG, Circuit Judge.

After a heavy night of drinking on the Red Lake Indian Reservation, Simon Frank Weise fatally stabbed Alan Maxwell in the chest with an eight-inch butcher knife. A jury convicted Weise of second-degree murder, see 18 U.S.C. § 1111(a) (1994), and Weise appeals. The Government cross-appeals the district court’s decision to sentence Weise below the applicable guideline range. See 18 U.S.C. § 3553(b) (1994); U.S.S.G. § 5K2.0 (1994). We affirm Weise’s conviction, but remand for further consideration of one sentencing issue.

Weise contends the police violated his due process…