Bailey
United States v. Bailey
Opinion
Lead Opinion
MEMORANDUM **
Kimberly Bailey appeals her conviction for conspiracy to murder, kidnap, and maim a person in a foreign country and use of interstate commerce facilities in commission of a murder for hire. We have jurisdiction under 28 U.S.C. § 1291 and we affirm the conviction.
The district court did not abuse its discretion in refusing to give a self-defense instruction to the jury. A self-defense “instruction must be given if there is evidence upon which the jury could rationally sustain the defense.” U.S. v. Jackson, 726 F.2d 1466, 1468 (9th Cir.1984). The use of force is only justified “when a person reasonably believes that it is necessary for the defense of oneself or another against the immediate use of unlawful force.” U.S. v. Reiser, 57 F.3d 847, 851 (9th Cir.1995) (quoting and approving model jury instruction on self-defense). There is no evidence from which a reasonable jury could find that Bailey’s attempt to hire a professional killer, over the span of several months, was motivated by an immediate threat to her life. Therefore the district court did not abuse its discretion by refusing to instruct the jury on self-defense.