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U.S. v. NOLASCO

No. 88-1156.

926 F.2d 869 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco NOLASCO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 15, 1991.

Attorney(s) appearing for the Case

David M. Ochoa, Phoenix, Ariz., for defendant-appellant.

Linda A. Akers, U.S. Atty., and Gary A. Husk, Asst. U.S. Atty., Phoenix, Ariz., for plaintiff-appellee.

Before GOODWIN, WALLACE, FLETCHER, FARRIS, PREGERSON, ALARCON, POOLE, WIGGINS, NOONAN, LEAVY and FERNANDEZ, Circuit Judges.

Argued En Banc and Submitted July 24, 1990.

FARRIS, Circuit Judge:

This en banc appeal calls for reconsideration of our rule establishing the circumstances under which it is reversible error for a district court to refuse to define "reasonable doubt" to the jury.

I. BACKGROUND

Francisco Nolasco, an illegal alien, was convicted on 19 counts of harboring illegal aliens in violation of 8 U.S.C. § 1324(a)(1)(C). Nolasco appealed the district...

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