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U.S. v. KLINGER

No. 94-50584.

128 F.3d 705 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Benjamin KLINGER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn July 22, 1996.

Resubmitted July 18, 1997.

Decided September 19, 1997.

As Amended November 18, 1997.

Attorney(s) appearing for the Case

Phillip Trevino, Los Angeles, CA, Mary Gibbons, Tappan, NY, for defendant-appellant.

Richard Drooyan and David F. Taylor, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellee.

Before: FLETCHER, CANBY and HAWKINS, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge:

This appeal requires us to apply to an instructional error the plain error standard of review recently clarified by the Supreme Court's decision in Johnson v. United States, ___ U.S. ____, 117 S.Ct. 1544, 137 L.Ed.2d 718 (1997), and this court's en banc decision in United States v. Perez, 116 F.3d 840 (9th Cir.1997) (en banc).1 Defendant Benjamin Klinger...

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