United States v. Tiscorena Renteria

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 07-50471 Plaintiff-Appellee, v.  D.C. No.

CR-04-00138-LAB

MANUEL TISCORENA RENTERIA,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding

Argued and Submitted December 10, 2008—Pasadena, California

Filed February 20, 2009

Before: Harry Pregerson, Dorothy W. Nelson and David R. Thompson, Circuit Judges.

Opinion by Judge Thompson

2019 2022 UNITED STATES v. RENTERIA

COUNSEL

Kyle W. Hoffman, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

David Zugman, San Diego, California, for the defendant- appellant.

OPINION

THOMPSON, Senior Circuit Judge:

A jury convicted appellant, Manuel Tiscorena Renteria (“Renteria”), of maliciously damaging a building and real property, the Congregation Beth Am Synagogue, used in interstate and foreign commerce, in violation of 18 U.S.C. § 844(i). We reversed that conviction and remanded for a new trial because of an improper jury instruction.…