Involuntary Manslaughter Instruction Not Warranted

U.S. v. Pluma, 2013 WL 563292 (2/15/13) (Col.) (unpub'd) - The defendant was not entitled to a lesser-included-offense instruction for involuntary manslaughter where he and other inmates beat an inmate to death with padlocks attached to belts. No rational juror could determine the defendant was guilty of only a misdemeanor assault, even if he only hit the victim once. The weapon used was a dangerous weapon, the assault necessarily caused serious bodily injury because it contributed to the death and the defendant aided and abetted a second degree murder even if he individually had only committed a misdemeanor assault.