United States v. Johnnie T. Warren

Johnnie Warren appeals his convictions for first degree murder ( 18 U.S.C. § 1111 ), attempted murder ( 18 U.S.C. § 1113 ), and assault with a deadly weapon ( 18 U.S.C. § 113 ). We reverse Warren’s murder conviction.

I.

On January 5, 1991, 19-year-old Johnnie Warren and a group of his friends were drinking beer at the home of one of the group when Derek Johnson, another friend, arrived and reported a man had accosted Warren’s sister at a store on a local army base, Schofield Barracks. Warren and the others set out in search of the man. Several hours later, they confronted William Ca-nady and Rogers Watson near the Paradise Club, an enlisted men’s club on the Scho-field base. Warren stabbed Canady once in the chest and a second time in the back as Canady collapsed. Warren then stabbed Watson, threw the knife into the bushes, and fled. Canady died from his wounds; Watson recovered.

The jury convicted Warren on all charges. The court sentenced Warren to life without parole for the murder of Cana-dy, 20 years for the attempted murder of Watson, and five years for assault with a deadly weapon.

n.

Warren asserts the government failed to prove, and the court failed to instruct the…