United States v. Herman Curley

59 F.3d 176 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Herman CURLEY, Defendant-Appellant. No. 93-10762. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1995. * Decided June 12, 1995. Before: O'SCANNLAIN, LEAVY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Herman Curley appeals his conviction, following a jury trial, for assault with a dangerous weapon, in violation of 18 U.S.C. Secs. 113 , 1153, and his 60-month sentence. Pursuant to Anders v. California, 386 U.S. 738 (1967), Curley's attorney has filed a brief stating that he finds no issues for review. Curley has filed a supplemental pro se brief raising several issues. 3 The only issue counsel identifies is whether the district court erred by rejecting Curley's request for a jury instruction on self-defense. This issue lacks merit because the evidence did not support self-defense. See United States v. Morton, 999 F.2d 435, 437 (9th Cir.1993) ("A…