Commonwealth of the Northern Mariana Islands v. Francisco L. Kaipat

91 F.3d 151 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. COMMONWEALTH OF the NORTHERN MARIANA ISLANDS, Plaintiff-Appellee, v. Francisco L. KAIPAT, Defendant-Appellant. No. 96-10047. United States Court of Appeals, Ninth Circuit. Submitted July 8, 1996. * Decided July 11, 1996. Before: WOOD, ** CANBY, and RYMER, Circuit Judges. 1 MEMORANDUM *** 2 Francisco L. Kaipat appeals his conviction of assault and battery in violation of Section 1202(a), Title 6 of the Code of the Commonwealth of the Northern Mariana Islands. We affirm. I. 3 Because the parties are familiar with the underlying facts of this case, we will not repeat them. II. 4 The jury acquitted Kaipat of Count Two, assault with a dangerous weapon (an axe), 1 but convicted Kaipat of the lesser included offense of assault and battery. 2 Kaipat argues that the jury instructions for Count Two should have included a lesser included offense of assault. 3 He argues that the trial court's failure to instruct the jury on…