Sayetsitty

United States v. Sayetsitty

Good Law
107 F.3d 1405·97 Daily Journal DAR 2213·46 Fed. R. Serv. 760·1997 U.S. App. LEXIS 3594·97 Cal. Daily Op. Serv. 1477
United States Court of Appeals for the Ninth CircuitFebruary 28, 1997Nos. 95-10483, 95-10484California5,035 words

Opinion

Lead Opinion

Canby, J.

Defendants-Appellants Larry and Joe Sayetsitty were convicted in separate jury trials of second-degree murder in violation of 18 U.S.C. §§ 1153 (Major Crimes Act), 1111 (murder), and 2 (aiding and abetting). Larry Sayetsitty appeals both his conviction and his sentence; finding no error in either, we affirm. Joe Sayetsitty appeals only his conviction; we reverse because we conclude that the district court erred in failing to instruct on voluntary intoxication as a defense to the crime of aiding and abetting second-degree murder.

I.

BACKGROUND

Larry and Joe Sayetsitty are brothers and members of the Navajo Nation. They spent the night of June 24, 1996, drinking and socializing in various locations. At approximately 4 a.m. on June 25, they drove in Larry’s truck to a party at Diversion Dam, a site within the Navajo Indian reservation near Kayenta, Arizona. While at Diversion Dam, Larry became involved in an argument with the decedent, Jerry Lee Stanley. Joe joined the argument, and a brief fight ensued before it was broken up by others.

Stanley then left Diversion Dam. Larry and Joe followed in Larry’s truck. While following Stanley, Larry told Joe that he was in a land…

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