The Ninth Circuit Court of Appeals has overturned a first degree murder conviction in US v Begay (2009 DJDAR 7955). The defendant, Begay, was convicted of two counts of first degree murder along with two counts of using a firearm during a crime of violence. The Ninth Circuit overturned the District Court's first degree murder convictions stating that the government had failed to introduce evidence that was sufficient to show premeditation. Since premeditation is an essential element of a first degree murder charge, the Ninth Circuit had no choice but to overturn the District Court's first degree murder convictions.

The Ninth Circuit stated that premeditation required a showing of a time to reflect on the decision to commit murder and that the defendant did in fact reflect on that decision and that the murder was committed with a "cool mind" after engaging in said reflection. The Court ruled the mere fact that the defendant had a weapon is not enough to support premeditation if the weapon is one in which the defendant regularly uses for lawful, non-violent purposes. In this instance the defendant routinely used his firearm for recreational purposes. The Court held that the possession of a firearm alone is not enough to support premeditation.