United States v. Lewey Sam

89 F.3d 847 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Lewey SAM, Defendant-Appellant. No. 95-10283. United States Court of Appeals, Ninth Circuit. Submitted March 13, 1996. * Decided May 2, 1996. Before: HALL and BRUNETTI, Circuit Judges, and WEINER, ** District Judge. MEMORANDUM *** While driving under the influence of alcohol, Lewey Sam struck and seriously injured two motorists on the Fort McDermitt Indian Reservation near McDermitt, Nevada. Following a bench trial, Sam was convicted of four counts of driving under the influence causing substantial bodily harm, in violation of NRS 484.3795 and assimilated as a federal crime pursuant to 18 U.S.C. §§ 13 , 1151, and 1152, and one count of failure to stop at the scene of an accident involving personal injury, in violation of NRS 484.219 and assimilated as a federal crime pursuant to the same federal statutes. Sam appeals three aspects of the district court's…