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.

 

Related Resources

  • Read the Ninth Circuit’s Decision in US v. Begay, No. 07-10487

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