The People of the Territory of Guam v. Francisco Baleto Aguon

21 F.3d 1115 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. The PEOPLE OF THE TERRITORY OF GUAM, Plaintiff-Appellant, v. Francisco Baleto AGUON, Defendant-Appellee. No. C.A. 93-10307. United States Court of Appeals, Ninth Circuit. Submitted Feb. 10, 1994. * Decided April 13, 1994. Before: HUG, FARRIS, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 A jury in the District Court of Guam convicted Francisco Aguon of aggravated murder and of possession of a deadly weapon in the commission of aggravated murder. Concluding that the district judge erroneously instructed the jury on the burden of proof, the District Court of Guam, Appellate Division reversed Aguon's conviction and remanded the case for a new trial. We reverse the decision of the appellate division. 3 Because Aguon raised an objection to the manslaughter instruction, we review the district judge's formulation of the instruction for an abuse of discretion. We consider whether the instructions taken as a whole…