United States v. Johnny Quinones-Ruiz

963 F.2d 381 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Johnny QUINONES-RUIZ, Defendant-Appellant. No. 91-50523. United States Court of Appeals, Ninth Circuit. Submitted April 9, 1992. * Decided May 18, 1992. Before CANBY, REINHARDT and DAVID R. THOMPSON, Circuit Judges. 1 MEMORANDUM *** 2 Johnny Quinones-Ruiz appeals his conviction and sentence for possessing contraband in prison, in violation of 18 U.S.C. § 1791 (a). We reverse and remand for a new trial. 3 The grand jury indicted Quinones-Ruiz for possession of a "prohibited object, to wit, a shank, that was designed and intended to be used as a weapon; in violation of Title 18, United States Code, Section 1791 (a)(2) and (d)(1)(B)." Section 1791(a)(2) forbids possession by prisoners of any "prohibited object." Prohibited objects are defined in the statute. Section 1791(d)(1)(B) defines as a "prohibited object" "a weapon (other than a firearm or destructive…