United States of America, Plaintiff-appellee, v. Leander Tom Denetso, Defendant-appellant, 103 F.3d 141 (9th Cir. 1996)

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US Court of Appeals for the Ninth Circuit - 103 F.3d 141 (9th Cir. 1996) Submitted Nov. 5, 1996. *Decided Nov. 21, 1996

Before: CHOY, REAVLEY**  and LEAVY, Circuit Judges.

MEMORANDUM*** 

The government has confessed error on the appellant Denetso's claim that the jury was improperly instructed on the elements of the crime of voluntary manslaughter. See United States v. Paul, 37 F.3d 496 (9th Cir. 1994). We therefore reverse and remand the case to the district court for a new trial.

We reject Denetso's argument that the Major Crimes Act, 18 U.S.C. § 1153, is unconstitutional. See United States v. Lomayaoma, 86 F.3d 142 (9th Cir.), cert. denied, 117 S. Ct. 272 (1996).

REVERSED AND REMANDED.


 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

Honorable Thomas M. Reavley, Senior United States Circuit Judge for the United States Court of Appeals, Fifth Circuit, sitting by designation

 ***

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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