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U.S. v. Gallego

United States Court of Appeals, Ninth Circuit
Jun 16, 2009
329 F. App'x 115 (9th Cir. 2009)

Opinion

No. 08-10487.

Submitted June 12, 2009.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed June 16, 2009.

Jesse Joseph Figueroa, Assistant U.S., George Ferko, Assistant U.S., USTU-Office of the U.S. Attorney, Tucson, AZ, for Plaintiff-Appellee.

Stephen Jonathan Young, Williamson Young, PC, Tucson, AZ, for Defendant-Appellant.

Appeal from the United States District Court for the District of Arizona, David C. Bury, District Judge, Presiding. D.C. No. 4:08-cr-0667-DCB-HCE.

Before: TROTT, McKEOWN, and IKUTA, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Because 18 U.S.C. § 4082(a) defines a type of "escape" under 18 U.S.C. § 751, the district court's jury instruction was not improper and did not improperly amend the indictment. See United States v. Jones, 569 F.2d 499, 501 (9th Cir. 1978) (using § 4082 as an example of "escape" under 18 U.S.C. § 751).

AFFIRMED.


Summaries of

U.S. v. Gallego

United States Court of Appeals, Ninth Circuit
Jun 16, 2009
329 F. App'x 115 (9th Cir. 2009)
Case details for

U.S. v. Gallego

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee. v. Henry Garza GALLEGO…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jun 16, 2009

Citations

329 F. App'x 115 (9th Cir. 2009)

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