989 F.2d 619 (3d Cir. 1993)
Defendant was found guilty of voluntary manslaughter, possession of a firearm during the commission of a crime of violence, and possession of a firearm by a felon. The district court adjudged defendant a habitual offender and enhanced his sentence pursuant to 14 V.I. Code Ann. § 61 (1990).
- On appeal, the court affirmed the conviction and the sentence.
- The court held that the district court did not abuse its discretion by finding that defendant's explanation failed to establish cause for the late filing of his notice of intent to assert an insanity defense under Fed. R. Crim. P. 12.2(a).
- The district court's error in excluding an eyewitness' and an investigating officer's testimony that the firing of the gun was an accident did not prejudice defendant because the witness was permitted to describe fully the circumstances that led to his opinion.
- The court held that no evidence supported the conclusion that defendant reasonably believed he was in imminent danger of harm at the time of the assault.
- Thus, the district court properly declined to include a jury charge on excusable homicide.
- The court ruled that sentencing under the enhancement statute was proper.
The court affirmed the judgment of the district court finding defendant guilty of voluntary manslaughter, possession of a firearm during the commission of a crime of violence, and possession of a firearm by felon, and sentencing him as a habitual offender because the district court did not commit prejudicial error in excluding certain eyewitness testimony and it properly declined to include a jury charge on excusable homicide.
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