United States v. Danny Lewis Giles

988 F.2d 123 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Danny Lewis GILES, Defendant-Appellant. No. 92-30237. United States Court of Appeals, Ninth Circuit. Submitted Feb. 23, 1993. * Decided Feb. 25, 1993. Appeal from the United States District Court for the District of Oregon, No. CR-91-265-1-REJ; Robert E. Jones, District Judge, Presiding. D.Or. AFFIRMED. Before GOODWIN, SCHROEDER and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Danny Lewis Giles appeals his conviction, following a jury trial, for making a false material declaration before a grand jury in violation of 18 U.S.C. § 1623 . He was also convicted for aiding the manufacture of marijuana in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . Giles contends that the district court erred by not sua sponte entering a judgment of acquittal, pursuant to Fed.R.Crim.P. 29(a), because the government failed to prove his perjury was material to the…