United States v. Merlin Brady

9 F.3d 1554 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Merlin BRADY, Defendant-Appellant. No. 92-30410. United States Court of Appeals, Ninth Circuit. Submitted Oct. 7, 1993. * Decided Oct. 22, 1993. Before: GOODWIN, SCHROEDER, and PREGERSON, Circuit Judges. 1 MEMORANDUM ** 2 Angel Trujillo, a 13-month old girl, was fatally injured while in the care of appellant Brady. Brady was charged with murder on Indian land and sexual abuse of a child under the age of twelve on Indian land. After a jury trial, he was convicted of voluntary manslaughter, a lesser included offense of murder, and of sexual abuse. He appeals his sexual abuse conviction, arguing that the evidence was insufficient to sustain the verdict, and he appeals the district court's refusal to award a two-point guideline reduction for acceptance of responsibility at sentencing. 3 The court views the evidence at trial in the light most favorable to the government.…