The People of the Territory of Guam v. Eric Kloulubak

988 F.2d 121 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. THE PEOPLE OF THE TERRITORY OF GUAM, Plaintiff-Appellee, v. Eric KLOULUBAK, Defendant-Appellant. No. 90-10539. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 2, 1992. Decided Feb. 19, 1993. Appeal from the United States District Court for the District of Guam; No. CR-90-00026-CCD, Cristobal C. Duenas, District Judge, Presiding. REVERSED AND REMANDED. Before JAMES K. BROWNING, WILLIAM A. NORRIS and REINHARDT, Circuit Judges. 1 MEMORANDUM * 2 Eric Kloulubak was convicted of importing marijuana and sentenced to seven years imprisonment. On appeal Kloulubak challenges the following: 1) the government's failure to disclose potentially exculpatory evidence to the grand jury, 2) the government's destruction of the styrofoam cooler which contained the marijuana, and 3) the trial court's use of the "deliberate avoidance" instruction under United States v. Jewell, 532 F.2d 697 (9th Cir.) (en…