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U.S. v. PEREZ

Nos. 94-10313, 94-10314 and 94-10400.

116 F.3d 840 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Louise Han PEREZ; Joseph Eclavea Perez; John Velasco Cruz, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 20, 1997.

Attorney(s) appearing for the Case

Robert E. Harstock, Assistant Federal Public Defender, Mongmong, Guam, for defendant-appellant, Joseph E. Perez.

Howard Trapp, Howard Trapp Incorporated, Agana, Guam, for Defendant-Appellant, John V. Cruz.

David J. Highsmith, Highsmith & O'Mallen, Agana, Guam, for Defendant-Appellant, Louise Han Perez.

Karon V. Johnson, Assistant United States Attorney, Agana, Guam, for the Plaintiff-Appellee.

Before: HUG, Chief Judge, BROWNING, FLETCHER, PREGERSON, JOHN T. NOONAN, THOMPSON, LEAVY, TROTT, T.G. NELSON, KLEINFELD and TASHIMA, Circuit Judges.

Opinion by Judge TASHIMA; Concurrence by Judge KLEINFELD.

TASHIMA, Circuit Judge:

The issue we resolve today is the viability of this circuit's "invited error" doctrine following the Supreme Court's decision in United States v. Olano, 507 U.S. 725, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993). The three-judge panel ("panel") suggested that Olano overruled that doctrine, at least in the context of jury instructions specifically...

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