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UNITED STATES v. MILTON

No. 79-1074.

602 F.2d 231 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Lee MILTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 15, 1979.

Attorney(s) appearing for the Case

Rogers S. Wilson, Jr. (argued), Puget Sound Legal Assistance Foundation, Tacoma, Wash., for defendant-appellant.

Peter Robinson, Sp. Asst. U. S. Atty. (argued), Portland, Or., for plaintiff-appellee.

Before WALLACE and ANDERSON, Circuit Judges, and MURRAY, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

Milton was convicted on three counts of presenting false claims to a department of the United States in violation of 18 U.S.C. § 287.1 On appeal,2 Milton argues that the district court erred in failing to instruct the jury that an intent to defraud was an essential element of the crime. We disagree and affirm his conviction.

I. FACTS

Milton was the executive...

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