FILED
NOT FOR PUBLICATION
DEC 12 2017
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-30149
Plaintiff-Appellee, D.C. No.
4:14-cr-00026-RRB-1
v.
GUY CHRISTOPHER MANNINO, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the District of Alaska
Ralph R. Beistline, District Judge, Presiding
Submitted December 8, 2017**
Seattle, Washington
Before: HAWKINS, McKEOWN, and CHRISTEN, Circuit Judges.
Guy Christopher Mannino appeals his jury conviction for three counts of
solicitation of murder in violation of 18 U.S.C. § 373. We have jurisdiction under
28 U.S.C. § 1291, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
1. Sufficient evidence supports Mannino’s convictions. United States v.
Romero, 282 F.3d 683, 686 (9th Cir. 2002). The evidence allowed reasonable
jurors to conclude, beyond a reasonable doubt, that Mannino had the requisite
intent to solicit the murders. Julius Chambers testified that Mannino asked him to
commit the murders, provided him with information about the victims, suggested
ways to commit the murders, offered him access to weapons and explosives with
which to commit the murders, a place to stay, and aid in escaping. The
government presented audio recordings in which Mannino discussed the murder
plots with Chambers. And the trial court submitted notes and diagrams detailing
Mannino’s murder plots—either written by Chambers at the direction of Mannino
or written by Mannino himself.
2. There was no error in failing to provide a renunciation defense instruction
sua sponte. Mannino did not request such an instruction nor did he rely on the
defense in his theory of the case. United States v. Montgomery, 150 F.3d 983, 996
(9th Cir. 1998). Thus, there was no duty to give the instruction.
3. The alleged instances of prosecutorial misconduct were harmless given
the overwhelming evidence of Mannino’s guilt. United States v. Alcantara-
Castillo, 788 F.3d 1186, 1190–91 (9th Cir. 2015).
AFFIRMED.
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