Legal Opinion
United States v. Rivera-Alonzo
Court of Appeals for the Ninth Circuit
Decided October 26, 2009No. 08-10081PublishedCited by 28 opinions
1Opinion of the Court
N.R. SMITH, Circuit Judge:
A district court does not abuse its discretion in refusing to give an instruction on the lesser included offense, where, as here, a rational jury could not have convicted the defendant of the lesser-included offense without finding the element that would convert the lesser offense into the greater offense. Also, given the record in this case, the district court did not commit clear error in finding on sentencing that the defendant’s conduct was motivated by the victim’s official status. Accordingly, we affirm.
BACKGROUND AND FACTS
Border Patrol Agent Alex Mendoza…
2Cases cited21 opinions
- Beck v. AlabamaSupreme Court of the United States · 1980
- Schmuck v. United StatesSupreme Court of the United States · 1989
- Keeble v. United StatesSupreme Court of the United States · 1973
- United States v. TurleySupreme Court of the United States · 1957
- United States v. AlexanderCourt of Appeals for the Ninth Circuit · 1995
16 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- United States v. DannCourt of Appeals for the Ninth Circuit · 2011
- United States v. AnchrumCourt of Appeals for the Ninth Circuit · 2009
- United States v. Eric VallejosCourt of Appeals for the Ninth Circuit · 2014
- United States v. Carlos Dominguez-MaroyoquiCourt of Appeals for the Ninth Circuit · 2014
- United States v. Fredy ReyesCourt of Appeals for the Ninth Circuit · 2014
23 more not listed; retrieve them via the Exa API.