The People of the Territory of Guam v. Lee Adam Mikel

34 F.3d 1073 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellee, v. Lee Adam MIKEL, Defendant-Appellant. No. 93-10666. United States Court of Appeals, Ninth Circuit. Submitted Aug. 10, 1994. * Decided Aug. 12, 1994. 1 Before: NORRIS, THOMPSON, and TROTT, Circuit Judges 2 MEMORANDUM ** 3 Defendant Lee Adam Mikel was convicted in 1992 of Aggravated Murder, 9 Guam Code Ann. ("G.C.A.") Sec. 16.30(a)(2) (1987), First Degree Robbery, 9 G.C.A. Sec. 40.10 (1987), and the use of a deadly weapon in the commission of a felony, 9 G.C.A. Sec. 80.37. Mikel was sentenced to life imprisonment without the possibility of parole. On appeal to the United States District Court in the District of Guam, Mikel made the following two arguments: 1) that the trial court committed harmful error in instructing the jury with the California Jury Instruction, CALJIC 8.21, on felony murder, which does not require proof of a defendant's mental state, and…