United States v. Pluma

ORDER AND JUDGMENT *

SCOTT M. MATHESON, JR., Circuit Judge.

On December 29, 2008, several inmates of the Federal Correctional Institution (“FCI”) in Florence, Colorado, severely beat another inmate, leading to his death. For his role in the events, Jose Pluma was tried and convicted of one count of conspiracy, one count of aiding and abetting second degree murder, 1 and one count of possession of contraband in prison. He appeals, arguing that the district court erred by refusing to instruct the jury on involuntary manslaughter as a lesser-in-eluded offense. Exercising jurisdiction under 28…