United States v. Gerald Dion Kuneki

996 F.2d 1228 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gerald Dion KUNEKI, Defendant-Appellant. No. 91-30388. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 7, 1993. Decided June 15, 1993. Before WRIGHT, FARRIS and D.W. NELSON, Circuit Judges. 1 MEMORANDUM * OVERVIEW 2 Gerald Dion Kuneki appeals his jury conviction for voluntary manslaughter in violation of 18 U.S.C. § 1112 . We have jurisdiction over the timely appeal pursuant to 28 U.S.C. § 1291 . We affirm. DISCUSSION 3 Kuneki argues that the district court erred in limiting his opportunity to testify in his own defense. Kuneki had testified on June 6, 1991 that he "pulled the gun up and the trigger went off." The court was not inclined to give a self-defense instruction. Four days later, Kuneki's attorney reopened the defense and Kuneki returned to the stand. This time, however, Kuneki remembered intentionally shooting the…