United States v. James E. Wagner

James E. Wagner appeals his conviction for first degree murder and for conveyance of a weapon in a federal correctional institution. Wagner raises a number of challenges to the district court’s rulings before and during his jury trial. We affirm.

FACTUAL BACKGROUND

In 1978, Wagner was committed to the Federal Correctional Institution in Lompoc, California, to serve a fifteen-year sentence for bank robbery. In January, 1981, Wagner was placed in administrative segregation after a preliminary investigation indicated that he had stabbed to death another inmate, Thomas Sargis, on January 12, 1981. While in administrative segregation, Wagner stabbed to death a second inmate, David Austin, on August 2, 1981.

As a result of investigations into the Sargis and Austin homicides, Wagner was indicted on two counts of first degree murder, 18 U.S.C. § 1111 (1982), and on two counts of conveying a weapon in a federal institution, 18 U.S.C. § 1792 (1982). On August 1, 1983, the day before trial, the district court dismissed the two counts relating to the Sargis killing in light of this court’s holding in United States v. Gouveia, 704 F.2d 1116 (9th Cir.1983) (en banc), rev’d, 467 U.S. 180 ,…