United States v. Patrick Hinton

Opinion by Judge CHOY.

On January 22, 1993, Appellant Patrick Hinton was convicted of one count of assault with intent to murder under 18 U.S.C. § 113 (a). He was sentenced to 121 months imprisonment and three years supervised release. Hinton brings this appeal to challenge four aspects of his conviction and one aspect of his sentence. We affirm.

BACKGROUND

Hinton’s conviction stems from an attack on his wife, Irma Hinton, also an Apache Indian, near their home on the San Carlos Indian Reservation in Arizona on August 19, 1992. The parties agree that the incident took place after the victim drove Hinton to the Point of Pines junction. From there Hinton intended to hitchhike back to the ranch where he worked after staying home three weeks to take care of their three children, who were also in the car. Beyond this, the facts surrounding the attack are largely in dispute.

Hinton testified that the couple began arguing as they arrived at the highway junction. This argument allegedly concerned Irma’s practice of leaving the children alone while going out drinking during Hinton’s extended work stints at the ranch. According to Hinton’s version, the argument angered him and led him…