United States v. Lamar Treas-Wilson

TACHA, Circuit Judge.

Lamar Treas-Wilson, a twenty-year-old Mescalero Apache Native American, appeals his conviction of first degree murder in violation of 18 U.S.C. §§ 1153 and 1111(a). We exercise jurisdiction under 28 U.S.C. § 1291 and affirm.

I. Background

At nine o’clock on the evening of January 25, 1991, Sandra Smith left her nine-year-old son, Kelvin Davis, in charge of his younger siblings: six-year-old Desiree and her friend Toni, five-year-old Francis, and two-year-old Rayford. Ms. Smith went out for drinks with a friend after instructing Kelvin not to open the door to strangers and…