Jose

I. Factual and Procedural Background

For purposes of this interlocutory appeal, a detailed render- ing of the facts of the case is neither necessary nor particu- larly helpful. For a more in-depth description of the facts, we refer the interested reader to this court’s previous opinion in United States v. Miguel, 338 F.3d 995, 997-98 (9th Cir. 2003).

Jose and Miguel were part of a drunken group of teenage revelers that ended its evening debauch by killing an army officer in the course of an attempted robbery and burglary of a cabin at the Waianae Army Recreation Center (“WARC”). Miguel, 338 F.3d at 997. WARC is within the special mari- time and territorial jurisdiction of the United States. As is rel- evant here, appellants were convicted of felony murder, two counts of attempted robbery, and one count of attempted bur- glary, in violation of, inter alia, 18 U.S.C. §§ 13, 1111, 2111. Miguel, 338 F.3d at 999-1000.

They successfully appealed their felony murder convictions on the ground that the district court “committed structural error when it precluded the defendants from arguing their the- ory of the case and instructed the jury that no evidence sup- ported the defendants’…