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UNITED STATES v. NEWPORT

Nos. 83-1263, 83-1264 and 83-1266.

747 F.2d 1307 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. James Allen NEWPORT, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Bennett Eugene BREWER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Dennis Leon THOMAS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 23, 1984.

Attorney(s) appearing for the Case

Brian C. Leighton, Asst. U.S. Atty., Fresno, Cal., for plaintiff-appellee.

Patrick Q. Hall, San Diego, Cal., for Newport.

James A. Brennan, Sacramento, Cal., for Brewer.

Charles L. Goldberg, San Diego, Cal., for Thomas.

Before WALLACE, ALARCON, and NELSON, Circuit Judges.

ALARCON, Circuit Judge:

James Newport and Dennis Thomas appeal their convictions stemming from their participation in a scheme to manufacture and distribute phenyl-2-propanone and methamphetamine.

We must decide whether a jury instruction which equates "reasonable doubt" with "real doubt" diminishes the government's burden of proof in violation of due process. We conclude that giving a "real doubt" instruction to the jury does

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