David Earl Fleming (defendant) was drunk and recklessly driving his vehicle in excess of speeds ranging between 70-100 miles per hour on the George Washington Memorial Parkway in northern Virginia. At times, Fleming directed his car into oncoming traffic in order to avoid traffic congestion. Fleming lost control of his car on a sharp curve and it slid across oncoming traffic striking a car driven by Margaret Jacobsen Haley and killing her. Fleming was convicted of second-degree murder in violation of 18 U.S.C. § 1111 in the death of Haley and he appealed, arguing that the facts of the case did not support a verdict of murder.