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UNITED STATES v. WOSEPKA

No. 83-3117.

757 F.2d 1006 (1985)

UNITED STATES of America, Plaintiff/Appellee, v. Harold T. WOSEPKA, Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 9, 1985.

Attorney(s) appearing for the Case

Robert Westinghouse, Harry McCarthy, Asst. U.S. Attys., Seattle, Wash., for plaintiff-appellee.

Mark O. Heaney, Los Angeles, Cal., for defendant-appellant.

Before FARRIS, ALARCON and FERGUSON, Circuit Judges.

FERGUSON, Circuit Judge:

The defendant, Harold T. Wosepka, contends that his convictions for mail and wire fraud, 18 U.S.C. §§ 1341, 1343, false statements, 18 U.S.C. § 1001, and misapplying the funds of a small business investment company, 18 U.S.C. § 657, should be reversed because, inter alia, the reasonable doubt instruction given by the district court was inadequate. Given the circumstances of this case, we agree and reverse.

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