Kane

MEMORANDUM **

Shaun Kane appeals his conviction for assault with intent to commit murder, in *913 violation of 18 U.S.C. § 113 (a)(1), and assault with a dangerous weapon, in violation of 18 U.S.C. 113(a)(3), for assaulting another inmate, Williams Boles, in a recreation cage at Atwater Federal Penitentiary. We reverse Kane’s conviction for assault with intent to commit murder, and reverse and remand his conviction for assault with a dangerous weapon.

I.

A conviction under 18 U.S.C. § 113 (a) requires specific intent to kill the victim. United States v. Jones, 681 F.2d 610, 611 (9th Cir.1982). Here, the government introduced no evidence that Kane had specific intent to kill Boles, other than the depiction of the assault on the surveillance video. However, the video demonstrates that the assailant stopped the assault after less than one minute and then left Boles alone for a period of seven minutes, despite the fact that Boles was moving and walking and still clearly alive. During the entire period, no guards or other prison authorities were present. Under these circumstances, there was insufficient evidence for a rational juror to find beyond a reasonable doubt that Kane had…