United States v. Jaime Estrada-Fernandez Jose Valenzuela-Hernandez

Defendants-appellants Jaime Estrada-Fernandez and Jose Valenzuela-Hernandez appeal their convictions for assault with a dangerous weapon pursuant to 18 U.S.C. § 113(a)(3). They contend that the district court erred in failing to give certain lesser-included-offense instructions to the jury. For the reasons set forth below, we affirm the district court’s judgment of conviction and sentence as to Jose Valenzuela-Hernandez, and we reverse the district court’s judgment of conviction and sentence as to Jaime Estrada-Fernandez.

I. FACTUAL & PROCEDURAL BACKGROUND

On December 22,1996, correctional…