United States v. Charles McCall

FILED

UNITED STATES COURT OF APPEALS OCT 20 2011

MOLLY C. DWYER, CLERK

FOR THE NINTH CIRCUIT U .S. C O U R T OF APPE ALS

UNITED STATES OF AMERICA, No. 10-10111

Plaintiff - Appellee, D.C. No. 3:00-cr-00505-WHA-3 Northern District of California, v. San Francisco

CHARLES W. MCCALL,

ORDER

Defendant - Appellant.

Before: KOZINSKI, Chief Judge, N.R. SMITH, Circuit Judge, and BLOCK, Senior District Judge.*

The memorandum filed on July 5, 2011 is hereby amended. The changes are

as follows:

Page 2, Line Insert <3. McCall’s defense theory was adequately covered by the combination of the reckless disregard instruction and the good faith instruction. And “it is not reversible error to reject a defendant’s proposed instruction on his theory of the case if other instructions, in their entirety, adequately cover the defense theory.” United States v. Romm, 455 F.3d 990, 1002 (9th Cir. 2006) (quoting United States v. Mason, 902 F.2d 1434, 1438 (9th Cir. 1990)).> before <3. It is>

* The Honorable Frederic Block, Senior District Judge for the…