United States v. Vitale. United States v. Sponholtz

931 F.2d 898 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellee, v. Louis A. VITALE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Gary J. SPONHOLTZ, Defendant-Appellant. Nos. 90-10200, 90-10201. United States Court of Appeals, Ninth Circuit. Submitted April 29, 1991. * Decided May 2, 1991. Before CANBY, KOZINSKI and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 In these consolidated appeals, Louis Vitale and Gary Sponholtz appeal their convictions, following a jury trial, for one count of trespass on government property in violation of 42 U.S.C. Sec. 2278a and 10 C.F.R. Sec. 860.3. Appellants contend that the district court erred by (1) excluding evidence material to their presentation of a defense, and (2) responding inappropriately to a request from the jury for clarification of the jury instructions. We have jurisdiction under 28 U.S.C. Sec. 1291 and we affirm. 3 Vitale and…