United States v. Scott William Thompson, AKA Tony

972 F.2d 1347 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Scott William THOMPSON, aka Tony, Defendant-Appellant. No. 90-30308. United States Court of Appeals, Ninth Circuit. Submitted Aug. 17, 1992. * Decided Aug. 21, 1992. Before HUG, D.W. NELSON and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Scott Thompson appeals from his conviction by jury for conspiracy in violation of 18 U.S.C. § 371 . He claims that the district court erred by instructing the jury that it could find Thompson guilty of conspiracy to assist in his own escape. 3 The district court had jurisdiction pursuant to 18 U.S.C. § 3231 . This court has jurisdiction over Thompson's timely appeal pursuant to 18 U.S.C. § 3742 and 28 U.S.C. §§ 1291 , 1294(1). 4 Whether the instruction correctly stated the law is a legal question to be reviewed de novo. United States v. McConney, 728 F.2d 1195, 1201 (9th Cir.) (en banc), cert. denied,…