Escolar Documentos
Profissional Documentos
Cultura Documentos
No. 08-5244
Appeal from the United States District Court for the Western
District of North Carolina, at Bryson City. Lacy H. Thornburg,
District Judge. (2:08-cr-00012-LHT-DLH-5)
Submitted:
Decided:
PER CURIAM:
After
jury
trial,
Matthew
Stephen
Watty
was
that
the
jury
be
instructed
on
the
lesser
included
18 U.S.C.
jury
instruction
States v.
Kennedy,
defendant
is
offense
not
for
372
abuse
F.3d
instruction.
instruction
differentiates
686,
automatically
See
of
only
the
two
if
discretion.
See
698
2004).
(4th
entitled
United
States
Cir.
to
v.
Wright,
United
A
lesser-included
131
F.3d
offenses
proof
[is]
of
the
element
sufficiently
in
that
dispute
that the jury could rationally find the defendant guilty of the
lesser offense but not guilty of the greater offense.
Id.
elements
necessary
for
conviction
on
assault
595
F.3d
876,
omitted).
884
(8th
Cir.
2010)
(internal
quotation
marks
bodily
member,
organ
or
mental
faculty.
18
U.S.C.
In either case,
evidence
bodily injury.
that
the
assault
resulted
in
serious
(8th Cir. 2001); United States v. Benally, 146 F.3d 1232, 123738
(10th
showing
Cir.
the
1998).
defendant
Aiding
had
and
the
abetting
intent
requires
to
evidence
facilitate
the
See United
find
in
the
denying
district
the
court
motion
for
did
the
not
abuse
its
lesser-included
dispense
with
oral
we
affirm
argument
the
conviction
because
the
and
facts
sentence.
and
legal
AFFIRMED