United States v. Trujillo

Trujillo (defendant), charged with second-degree murder, pleaded guilty to the lesser offense of manslaughter after killing Brian Lester Sam. On Trujillo's account, a drunk and aggressive Sam poked him with what Trujillo mistakenly believed was a knife and then, after Trujillo retrieved a gun from his bedroom out of fear Sam would take it, followed him, cursing and moving menacingly toward him; Trujillo, believing himself in danger, stepped back and fired once, killing Sam. Trujillo sought a downward sentencing departure based on Sam's provocation and his own lack of any criminal record. The government argued Trujillo had already received credit for the provocation by being allowed to plead down from murder to manslaughter, and that a further reduction would double-count the same facts.