United States v. Michael Emery Noel, Jr.

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. Michael Emery NOEL, Jr., Defendant-Appellant. No. 95-30146. United States Court of Appeals, Ninth Circuit. Submitted April 9, 1996. * Decided June 10, 1996. 1 Before: PREGERSON and TASHIMA, Circuit Judges, and JONES, District Judge ** 2 MEMORANDUM *** 3 This case involves the common scenario where a man living with a woman and her children from another marriage, abuses and eventually murders one of the children. In this case, the victim was a three year-old girl. The provocation for the ultimate assault was that the child had dirtied her pants. 4 The parties are well familiar with all of the facts that were developed during this trial and there is no useful purpose to repeat them in this unpublished opinion. In sum, the evidence demonstrated that the defendant had abused this child two months previously and then engaged in physical abuse which caused her death. 5…