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U.S. v. TABACCA

No. 88-5434.

924 F.2d 906 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. James T. TABACCA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 29, 1991.

Attorney(s) appearing for the Case

Peter M. Horstman, Federal Public Defender, Kerry Bensinger, Deputy Federal Public Defender, Los Angeles, Cal., for defendant-appellant.

Robert L. Brosio, U.S. Atty., Robin R. Scroggie, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before REINHARDT and LEAVY, Circuit Judges, and KING, Senior District Court Judge.

SAMUEL P. KING, District Judge:

Tabacca was convicted for interfering with a flight attendant under 49 U.S.C.App. § 1472(j).

Tabacca asserts the District Court erred both in denying his Motions for Judgment of Acquittal and in refusing to give a requested jury instruction. Tabacca also argues that 49 U.S.C.App. § 1472(j) is unconstitutionally vague. Finally, Tabacca asserts the District Court abused its discretion by dismissing an absent juror after...

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