United States v. Van Clark Sherman

990 F.2d 1265 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Van Clark SHERMAN, Defendant-Appellant. No. 92-30067. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 4, 1993. Decided March 18, 1993. Before TANG, KOZINSKI and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 Sherman appeals his conviction for conspiring to distribute or possess with intent to distribute marijuana. See 21 U.S.C. § 841 (a)(1). 3 A. The district court denied Sherman's requested instruction # 21 and supplemental instruction # 4, both of which would have informed the jury that a person can't be guilty of conspiring with a government agent. See Sears v. United States, 343 F.2d 139 (5th Cir.1965); see also United States v. Escobar de Bright, 742 F.2d 1196, 1200 (9th Cir.1984) (adopting Sears rule). Sherman argues this was error, as the jury may have convicted him on the basis of his agreements with Engel, some of which took…