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U.S. v. WISEMAN

Nos. 00-10325, 00-10341.

274 F.3d 1235 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Marvin L. WISEMAN, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. William D. Mett, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 19, 2001.

Attorney(s) appearing for the Case

Arthur K. Wachtel, San Francisco, California, for defendant-appellant Wiseman.

Dennis P. Riordan and Donald M. Horgan, San Francisco, California, for defendant-appellant Mett.

Lawrence L. Tong, Assistant United States Attorney, Honolulu, Hawaii, for the plaintiff-appellee.

Before: CYNTHIA HOLCOMB HALL, WARDLAW, and BERZON, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Marvin L. Wiseman and William D. Mett ("Defendants") were convicted in 1997 of embezzling money from a pension benefit plan governed by the Employee Retirement Income Security Act (ERISA). This court reversed their convictions on appeal and remanded for a new trial. United States v. Mett, 178 F.3d 1058 (9th Cir.1999). After the district court rejected Defendants' proposed jury instructions...

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