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U.S. v. LYLE

No. 12-30389.

742 F.3d 434 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Kenyon Neal LYLE, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 5, 2014.

Attorney(s) appearing for the Case

Jeffry Keith Finer , Spokane, WA, for Defendant-Appellant.

Alexander C. Ekstrom , Assistant United States Attorney, Yakima, WA, for Plaintiff-Appellee.

Before: MARY M. SCHROEDER, RICHARD A. PAEZ, and MARSHA S. BERZON, Circuit Judges.

OPINION

BERZON, Circuit Judge:

Kenyon Lyle was indicted on two counts of violating 18 U.S.C. § 1365(a), which prohibits "tamper[ing] with any consumer product that affects interstate or foreign commerce, or the labeling of, or container for, any such product...." Lyle moved to dismiss these counts pursuant to Federal Rule of Criminal Procedure 12(b)(3)(B), asserting that the conduct alleged in the indictment did not constitute "tamper[ing]" within the...

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