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U.S. v. DURAN

Nos. 93-50587, 93-50631.

59 F.3d 938 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Macario DURAN, Defendant-Appellant. (Two Cases)

United States Court of Appeals, Ninth Circuit.

Decided July 11, 1995.

Attorney(s) appearing for the Case

Michael J. Treman, Santa Barbara, CA, for defendant-appellant.

Sally L. Meloch and Thomas M. Brown, Asst. U.S. Attys., Los Angeles, CA, for plaintiff-appellee.

Before: BEEZER and TROTT, Circuit Judges, and BURNS, District Judge.

BEEZER, Circuit Judge:

Macario Duran appeals his sentence and convictions following a jury trial for theft from a program receiving federal funds, aiding and abetting perjury before a federal grand jury, filing a false tax return, making a false statement on a loan application, attempt to possess and distribute cocaine and use of a communications facility to facilitate a narcotics offense. He contends the district court improperly instructed the jury on his theory...

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