United States v. Reginald Loera

Good Law
91 Daily Journal DAR 714·923 F.2d 725·1991 WL 2871·32 Fed. R. Serv. 177·1991 U.S. App. LEXIS 459
United States Court of Appeals for the Ninth CircuitJanuary 16, 199189-10429California2,710 words

Opinion

Opinion

Alarcon, J.

Reginald Loera appeals from his conviction for assault resulting in serious bodily injury, in violation of 18 U.S.C. § 113 (f). Loera contends that there was insufficient evidence to establish the required element of willfulness. He further contends that evidence of his prior convictions was improperly admitted into evidence. We disagree and affirm.

I.

Facts

On October 18, 1988, Reginald Loera was indicted on one count of second-degree murder and one count of assault resulting in serious bodily injury." The offenses occurred on the Fort Mohave Indian Reservation, Arizona. Accordingly, the district court had jurisdiction over this matter pursuant to 18 U.S.C. § 113 . On June 5, 1989, following a jury trial, Loera was convicted of the lesser included offense of involuntary manslaughter and of assault resulting in serious bodily injury.

The evidence presented at trial showed that on August 28th, 1988, Loera spent the afternoon drinking beer with his friends along the banks of the Colorado river in the Mohave Valley area of Arizona. After drinking beer for approximately seven hours, Loera drove his pickup truck in an easterly direction on Plantation Road, the west bound lane of…

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