United States v. Robert Castillo, Jr.

Bad Law
615 F.2d 878·1980 U.S. App. LEXIS 19231
United States Court of Appeals for the Ninth CircuitMarch 26, 198078-3551California3,873 words

Opinion

Opinion

Anderson, J.

Castillo appeals his conviction following a jury trial of one count of manslaughter in violation of 18 U.S.C. § 1112 , and of one count of conveyance of a dangerous instrumentality within a federal correctional institution in violation of 18 U.S.C. § 1792 . We affirm the judgment of conviction.

I. BACKGROUND

We view the evidence in the light most favorable to the government. Glasser v. United States, 315 U.S. 60 , 62 S.Ct. 457 , 86 L.Ed. 680 (1942).

In September 1977, Castillo was involved in an altercation while incarcerated at a federal correctional institution. Inmate Michael Flores was stabbed during the incident and died a short time later as a result of stab wounds.

The events leading to Flores’ death apparently were set in motion on the evening before the stabbing, September 10. Castillo was visiting inmate Sleepy Munoz at Munoz’ cubicle, along with another inmate, Manuel Spiteri. Flores entered the cubicle, and asked Munoz to step outside. Once outside the cubicle, Flores and Munoz began to fight. Castillo and Spiteri stopped the fight, and Flores eventually departed after an exchange of apologies. Flores apparently remained unsatisfied, however, because he entered…

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