Castiglione

914 F.2d 1497 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellant, v. Philip Randy CASTIGLIONE and Donna Sue Castiglione, Defendants-Appellees. No. 90-10340. United States Court of Appeals, Ninth Circuit. Submitted Sept. 11, 1990. * Decided Sept. 24, 1990. Before CHOY, FARRIS and DAVID R. THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 The government appeals the district court's order excluding evidence of acts occurring before the effective date of 18 U.S.C. Sec. 1344 (bank fraud), in the prosecution of Philip Randy Castiglione. We have jurisdiction under 18 U.S.C. Sec. 3731 . We reverse and remand. FACTS 3 On February 8, 1990, Philip and Donna Castiglione were indicted. Both defendants were charged with one count of making false statements under penalty of perjury in connection with their bankruptcy proceeding, in violation of 18 U.S.C. Sec. 152 . Additionally, Philip Castiglione was charged with one count of…