United States v. Joseph Ray Cantrell

92 F.3d 1194 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Joseph Ray CANTRELL, Defendant-Appellant. No. 95-10402. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 12, 1996. Decided July 30, 1996. Before: WOOD, JR., * CANBY and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Joseph Ray Cantrell, a member of the Pyramid Lake Tribe, appeals his conviction and sentence for assault with a dangerous weapon in violation of 18 U.S.C. §§ 113 (c) 1 , 1151, and 1153(a). Cantrell stabbed his cousin ("the victim") with a knife during an altercation that occurred on the Pyramid Lake Indian Reservation. On appeal, Cantrell argues that the district court erred by refusing to give the jury several proposed instructions. He also argues that the district court erred by refusing to grant downward departures on the grounds of aberrant behavior and successive prosecutions. We have jurisdiction pursuant to 28 U.S.C.…