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U.S. v. YANKOWSKI

No. 98-30237.

184 F.3d 1071 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. John YANKOWSKI, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 7, 1999.

Attorney(s) appearing for the Case

G. Robert Blakey, Notre Dame, IN, for the defendant-appellant.

Kris A. McLean, Assistant United States Attorney, Missoula, Montana, for the plaintiff-appellee.

Before: LAY, GOODWIN and McKEOWN, Circuit Judges.

GOODWIN, Circuit Judge:

John Yankowski appeals his conviction on the second count of a two count federal criminal indictment. Because the government failed to charge and prove an essential element of the second count, the district court erred in denying Yankowski's motion for acquittal at the close of evidence. We therefore vacate the judgment of conviction on Count II.

FACTS

Yankowski is an anti-abortion...

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