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U.S. v. McGOWAN

No. 10-50284.

668 F.3d 601 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Robert McGOWAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 26, 2012.

Attorney(s) appearing for the Case

Andre Birotte Jr. , U.S. Attorney, Robert E. Dugdale , Lawrence S. Middleton , Elana Shavit Artson , Assistant U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellee.

Dennis P. Riordan , Donald M. Horgan , San Francisco, CA, for Defendant-Appellant.

Before: ALEX KOZINSKI, Chief Judge, STEPHEN REINHARDT and WILLIAM A. FLETCHER, Circuit Judges.

OPINION

REINHARDT, Circuit Judge:

Robert McGowan ("McGowan"), a former state prison guard, appeals his conviction and sentence stemming from his assault on two inmates. His case has been before us once before: we previously reversed the district court's grant of a judgment of acquittal following the jury's guilty verdict. McGowan now contends that the district court erred in failing to conditionally rule that he...

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