United States of America, Plaintiff-Appellee/cross-Appellant v. Danny Yellowman, Defendant-Appellant/cross-Appellee

985 F.2d 577 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee/Cross-Appellant, v. Danny YELLOWMAN, Defendant-Appellant/Cross-Appellee. Nos. 91-10460, 91-10558. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 2, 1992. Decided Jan. 21, 1993. Appeal from the United States District Court for the District of Arizona, No. CR-90-00300-PGR; Paul G. Rosenblatt, District Judge, Presiding. D.Ariz. AFFIRMED IN PART, VACATED IN PART AND REMANDED. Before SNEED, ALARCON and CANBY, Circuit Judges. 1 MEMORANDUM * 2 Both parties to the proceedings below have appealed. Danny Yellowman timely appeals his conviction of murder in the first degree under 18 U.S.C. § 1111 (a). He contends that the district court incorrectly instructed the jury on the elements of first degree murder, and that the evidence at trial was insufficient to support a verdict of first degree murder. 3 The United States in a timely manner seeks a…