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U.S. v. DADANIAN

Nos. 85-5095, 85-5248.

856 F.2d 1391 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. George DADANIAN and Jean Dadanian, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

September 9, 1988.

CHAMBERS, Circuit Judge:

The petition for rehearing is granted.

We have reexamined our opinion, 818 F.2d 1443 (9th Cir.1987), in light of the subsequent case of McNally v. United States, ___ U.S. ___, 107 S.Ct. 2875, 97 L.Ed.2d 292 (1987). We conclude that McNally was violated and that the failure to instruct the jury on the "property" element was not harmless error. See Rose v. Clark, 478...

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