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U.S. v. PITNER

Nos. 90-10299, 90-10318.

979 F.2d 156 (1992)

UNITED STATES of America, Plaintiff/Appellee, v. Robert PITNER, Defendant/Appellant. UNITED STATES of America, Plaintiff/Appellee, v. David M. HANSON, Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 3, 1992.

As Amended on Denial of Rehearing and Rehearing March 5, 1993.

Attorney(s) appearing for the Case

J. Frank McCabe, Goorjian & McCabe, San Francisco, Cal., for defendant/appellant Pitner.

Juliana Drous, Tamburello, Hanlon & Bresciani, San Francisco, Cal., for defendant/appellant David M. Hanson.

Eric J. Swenson, Asst. U.S. Atty., San Francisco, Cal., for plaintiff/appellee U.S.

Before HALL and WIGGINS, Circuit Judges, and BURNS, Senior District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc March 5, 1993.

JAMES M. BURNS, Senior District Judge:

Pitner and Hanson appeal their convictions and sentences. Both defendants contend the district court erred by failing to instruct the jury properly regarding knowledge and willfulness, mens rea elements of the crimes for which they were convicted. Pitner also contends the evidence presented at trial...

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