511 F. App'x 705
10th Cir.2013Background
- Inmates at FCI Florence beat Pablo Zuniga-Garcia on December 29, 2008, leading to his death.
- Jose Pluma was charged with conspiracy to assault, aiding and abetting second degree murder, and possession of contraband in prison.
- A co-conspirator network led by Justin Hernandez planned the assault; witnesses testified Pluma participated with padlocks attached to belts.
- Video and testimony placed Pluma at the scene; the medical examiner attributed death to head injuries from the assault.
- Pluma requested an involuntary manslaughter instruction; the district court refused, ruling the evidence supported felony murder rather than manslaughter.
- Pluma and Morones were tried and convicted on the same counts; the district court imposed concurrent sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to involuntary manslaughter instruction | Pluma contends evidence supports misdemeanor assault only. | Government asserts assault caused serious bodily injury and/or felony assault. | No entitlement; no rational verdict supports involuntary manslaughter over second degree murder. |
Key Cases Cited
- United States v. Pearson, 203 F.3d 1243 (10th Cir. 2000) (test for lesser-included offense instructions)
- Brown v. United States, 287 F.3d 965 (10th Cir. 2002) (entitlement when evidence supports lesser offense)
- Keeble v. United States, 412 U.S. 205 (1973) (mere knowledge of offense supports lesser instruction standard)
- United States v. Duran, 127 F.3d 911 (10th Cir. 1997) (abuse-of-discretion standard for instruction)
- United States v. Benally, 146 F.3d 1232 (10th Cir. 1998) (felony assault elements and causation in homicide context)
- United States v. Tindall, 519 F.3d 1057 (10th Cir. 2008) (serious bodily injury defined for sentencing purposes)