United States v. David Bernard Abeyta

WHITE, Associate Justice (Retired).

Appellant challenges his assault conviction under 18 U.S.C. § 113(c), arguing primarily that the trial court’s stated reasons for denying him a lesser included offense instruction were improper. We think his claim meritorious and remand the case to the District Court for further proceedings.

In the afternoon of April 2,1992, appellant David Abeyta consumed a six pack of beer and a pair of whiskey shots before making his way to the home of Jody Sandoval, a friend. He went to Sandoval’s seeking a ride to the Hacienda Lounge in Española, New Mexico where he…