Opinion
No. 08-10487.
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.
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).