United States v. Sarracino

HOLLOWAY, Senior Circuit Judge.

Defendants/appellants Robert Manueli-to, Brandon Cherosposy, and David Sarra-cino were jointly indicted, tried, and convicted on a single charge of second degree murder in violation of 18 U.S.C. §§ 2, 1111(b) & 1153. 1 Each now appeals. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a). We will decide all three appeals in this single opinion.

I

The background facts

The victim of the homicide was Raynard Martinez, who died from multiple injuries which were admittedly inflicted by the defendants. Other than one neighbor who heard some voices and…