Beruflich Dokumente
Kultur Dokumente
FOR PUBLICATION
ERIC GONZALEZ,
Defendant-Appellant.
FERNANDO LUVIANO,
Defendant-Appellant.
SUSSIE AYALA,
Defendant-Appellant. OPINION
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Case: 15-50483, 10/10/2018, ID: 11040125, DktEntry: 122-1, Page 2 of 30
SUMMARY**
Criminal Law
*
The Honorable John M. Rogers, United States Circuit Judge for the
U.S. Court of Appeals for the Sixth Circuit, sitting by designation.
**
This summary constitutes no part of the opinion of the court. It has
been prepared by court staff for the convenience of the reader.
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Case: 15-50483, 10/10/2018, ID: 11040125, DktEntry: 122-1, Page 3 of 30
The panel held that the district court did not commit plain
error by failing to include a proximate-cause requirement in
its instruction on a provision of § 242 that increases the
maximum term of imprisonment “if bodily injury results from
the acts committed in violation of this section.”
COUNSEL
OPINION
II
also Yates v. United States, 354 U.S. 298, 312 (1957). The
rule is different when all objects of the conspiracy are sound
as a legal matter, but one of them lacks adequate evidentiary
support. Because “jurors are well equipped to analyze the
evidence,” we can be confident that the jury chose to rest its
verdict on the object that was supported by sufficient
evidence, rather than the object that was not. Griffin,
502 U.S. at 59. In this latter scenario, the verdict stands.
United States v. Smith, 294 F.3d 473, 478–79 (3d Cir. 2002);
United States v. Davis, 810 F.2d 474, 477 (5th Cir. 1987).
III
IV
understood all of the instructions the court had given; that she
would “continue to listen to the facts as presented”; and that
she understood the government bore the burden of proving
the defendants’ guilt beyond a reasonable doubt. “However,”
the letter concluded, “the grotesque image of injuries
sustained by Gabriel Carrillo is weighing heavy on my heart
and I felt compelled to share my struggles with you.”
Gonzalez and Ayala argue that the district court gave the
jury faulty instructions with respect to Count Two, which
charged a violation of 18 U.S.C. § 242. (We need not decide
whether Luviano preserved this argument on appeal since the
argument fails in any event. Luviano did not raise this
argument in his opening brief, and he did not join the
arguments raised by his co-defendants until his reply brief.)
The defendants do not challenge the instructions given on the
offense’s core elements. Instead, they focus on a provision of
§ 242 that increases the maximum term of imprisonment “if
bodily injury results from the acts committed in violation of
this section.” The district court instructed the jury on this
element of the offense as follows: “If you find a defendant
guilty as charged in Count Two of the indictment, you must
then determine whether the government has proven beyond
a reasonable doubt that Mr. Carrillo suffered a bodily injury,
and that the bodily injury resulted from acts committed by
that defendant.”
VI
VII
AFFIRMED.
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Case: 15-50483, 10/10/2018, ID: 11040125, DktEntry: 122-2, Page 1 of 5
Judgment
• This Court has filed and entered the attached judgment in your case.
Fed. R. App. P. 36. Please note the filed date on the attached
decision because all of the dates described below run from that date,
not from the date you receive this notice.
Petition for Panel Rehearing (Fed. R. App. P. 40; 9th Cir. R. 40-1)
Petition for Rehearing En Banc (Fed. R. App. P. 35; 9th Cir. R. 35-1 to -3)
(4) Form & Number of Copies (9th Cir. R. 40-1; Fed. R. App. P. 32(c)(2))
• The petition shall not exceed 15 pages unless it complies with the
alternative length limitations of 4,200 words or 390 lines of text.
• The petition must be accompanied by a copy of the panel’s decision being
challenged.
• An answer, when ordered by the Court, shall comply with the same length
limitations as the petition.
• If a pro se litigant elects to file a form brief pursuant to Circuit Rule 28-1, a
petition for panel rehearing or for rehearing en banc need not comply with
Fed. R. App. P. 32.
Attorneys Fees
• Ninth Circuit Rule 39-1 describes the content and due dates for attorneys fees
applications.
• All relevant forms are available on our website at www.ca9.uscourts.gov under Forms
or by telephoning (415) 355-7806.
BILL OF COSTS
Note: If you wish to file a bill of costs, it MUST be submitted on this form and filed, with the clerk, with proof of
service, within 14 days of the date of entry of judgment, and in accordance with 9th Circuit Rule 39-1. A
late bill of costs must be accompanied by a motion showing good cause. Please refer to FRAP 39, 28
U.S.C. § 1920, and 9th Circuit Rule 39-1 when preparing your bill of costs.
Cost Taxable
under FRAP 39, REQUESTED ALLOWED
28 U.S.C. § 1920, (Each Column Must Be Completed) (To Be Completed by the Clerk)
9th Cir. R. 39-1
No. of Pages per Cost per TOTAL No. of Pages per Cost per TOTAL
Docs. Doc. Page* COST Docs. Doc. Page* COST
Excerpt of Record $ $ $ $
Opening Brief $ $ $ $
Answering Brief $ $ $ $
Reply Brief $ $ $ $
Other** $ $ $ $
TOTAL: $ TOTAL: $
* Costs per page: May not exceed .10 or actual cost, whichever is less. 9th Circuit Rule 39-1.
** Other: Any other requests must be accompanied by a statement explaining why the item(s) should be taxed
pursuant to 9th Circuit Rule 39-1. Additional items without such supporting statements will not be
considered.
I, , swear under penalty of perjury that the services for which costs are taxed
were actually and necessarily performed, and that the requested costs were actually expended as listed.
Signature
("s/" plus attorney's name if submitted electronically)
Date
Name of Counsel:
Attorney for:
Clerk of Court