What is the test for determining that a defendant committed second degree murder?

J.C. contends that the district court erred in finding that he committed second degree murder because there was insufficient evidence to support the district court's finding of "malice aforethought." ¹ We disagree. A person is guilty of second degree murder if he kills a human being with malice aforethought. 18 U.S.C. Sec. 1111; United States v. Lesina, 833 F.2d 156, 158-59 (9th Cir.1987). A fact finder may find malice aforethought if a defendant either intentionally or deliberately kills a person or if a defendant acts with extreme recklessness and complete disregard for human life resulting in the death of another person. Id. Malice aforethought may be inferred by the fact finder from the acts of defendant. Id. Furthermore, a jury may infer malice aforethought if a defendant killed his victim with a deadly weapon or some other type of instrument. Id. at 159.