United States v. Paul Herz

977 F.2d 593 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Paul HERZ, Defendant-Appellant. No. 91-10328. United States Court of Appeals, Ninth Circuit. Submitted Aug. 17, 1992. * Decided Oct. 1, 1992. Before WIGGINS, O'SCANNLAIN and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Paul C. Herz appeals his conviction for making false statements in a credit card application in violation of 18 U.S.C. § 1014 . Herz claims that the district court erroneously admitted evidence that he used the credit cards beyond their stated limits and made no payments. Herz argues that the district court should have instructed the jury sua sponte on the limited purpose of this "bad act" evidence. Herz also alleges that the jury instructions incorrectly defined "knowingly." We affirm. BACKGROUND 3 Herz applied for a Visa and a Mastercard from First Interstate Bank on January 18, 1986. Herz claimed in his application that he had been employed…