The court of appeals affirmed a judgment of conviction. The court held that a district court did not abuse its discretion in refusing to give an instruction on a lesser included offense where a rational jury could not have convicted the defendant of the lesser-included offense without finding the element that would convert the lesser offense into the greater offense.
A Border Patrol agent encountered Rafael Rivera-Alonzo and Rivera’s cousin after the two had illegally entered the United States. The men fled, but the agent was able to apprehend Rivera by ordering him to the ground. When the agent holstered his weapon, Rivera began fighting with him. The two struggled until another agent arrived and helped subdue Rivera.
