Defendant's murder conviction is affirmed in part where: 1) defendant's Brady claim failed because he did not show that the allegedly undisclosed information was material; and 2) the trial court's instructions did not misinform the jury about the application of the intoxication defense to aiding and abetting first-degree premeditated murder. However, the conviction is reversed in part where, for double jeopardy reasons, the government conceded that either the felony-murder or kidnapping conviction should be vacated on remand.
Filed February 4, 2010
Opinion by Judge Hartz
James C. Murphy, Michael Carey and Todd Norvell, Assistant United States Attorneys, Denver, CO