United States v. Mary Segundo

990 F.2d 1265 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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, v. Mary SEGUNDO, Defendant-Appellant. No. 92-10242. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 2, 1993. Decided March 16, 1993. Before FARRIS, POOLE and WIGGINS, Circuit Judges. 1 MEMORANDUM * 2 On February 22, 1991, Mary Segundo shot her common law husband Brannon Lewis outside their home in Sacaton, Arizona, on the Gila River Indian Reservation. The government alleged that Segundo shot Lewis because she was jealous of his relationship with another woman. Segundo pleaded self-defense and testified at trial that the gun went off by accident. 3 The court instructed the jury on first and second degree murder and on voluntary manslaughter. The jury convicted her of second degree murder. Segundo appeals. 4 We reverse. I. Involuntary Manslaughter Instruction 5 The trial court declined to instruct the jury on involuntary manslaughter. A…