US v. Begay, No. 07-10487 - Criminal Law - U.S. Ninth Circuit
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US v. Begay, No. 07-10487

Murder and Firearm Convictions Affirmed

In US v. Begay, No. 07-10487, the court affirmed defendant's first-degree murder and using a firearm during a crime of violence in violation where there was sufficient evidence to establish premeditation because: 1) the jury could reasonably infer that defendant got a gun from under the back seat and then returned to shoot the victims; 2) the jury could reasonably infer that defendant had enough time to become fully conscious of his intent to kill and to consider the killing; and 3) defendant failed to meet his burden of production with respect to the issue of whether he was provoked to kill.

 

As the court wrote:  "Kenderick Begay appeals his convictions on two counts of first-degree murder in violation of 18 U.S.C. §§ 1111(a) and 1153(a), and two counts of using a firearm during a crime of violence in violation of 18 U.S.C. § 924(c)(1)(A). Begay's principal argument on appeal is that the evidence introduced at trial, even when taken in the light most favorable to the prosecution, fails to establish that he acted with premeditation and thus fails to support his convictions for first-degree murder. We conclude that there was sufficient evidence to establish premeditation and affirm the convictions."

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