U.S. v. BOTELLO

No. 94-30339.

70 F.3d 78 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Valentine Rodriguez-Solel BOTELLO aka Jose M. Pagan, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 21, 1995.


Attorney(s) appearing for the Case

Retta-Rae Randall and Kevin F. McCoy, Assistant Federal Public Defenders, Anchorage, Alaska, for defendant-appellant.

William C. Brown, United States Department of Justice, Washington, D.C., for plaintiff-appellee.

Before: HALL, WIGGINS, and KLEINFELD, Circuit Judges.


CYNTHIA HOLCOMB HALL, Circuit Judge:

Valentine Rodriguez-Solel Botello appeals his conviction for communicating false information that a product was tampered with in violation of 18 U.S.C. § 1365(c). He disputes a jury instruction regarding the interstate commerce element of subsection 1365(c). Jurisdiction lay in the district court under 18 U.S.C. § 3231. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I

In June 1993...

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