United States v. Robert Daniel Pratt

1 F.3d 1248 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Robert Daniel PRATT, Defendant-Appellant. No. 92-50543. United States Court of Appeals, Ninth Circuit. Submitted July 16, 1993. * Decided July 19, 1993. Before GIBSON, ** HALL, and KLEINFELD, Circuit Judges. 1 MEMORANDUM *** 2 Robert Daniel Pratt appeals his jury conviction and sentence under the Sentencing Guidelines for forging an endorsement on a treasury check in violation of 18 U.S.C. Sec. 510 (a)(1). The district court had jurisdiction pursuant to 18 U.S.C. Sec. 3231 . This court has jurisdiction pursuant to 18 U.S.C. Sec. 3742 and 28 U.S.C. Sec. 1291 . We affirm. 3 * Pratt argues that the district court erred in refusing to give the jury his proposed instruction on the defense of voluntary intoxication. We disagree. 4 In order to be entitled to an voluntary intoxication instruction, Pratt had to produce some evidence that his drinking affected his ability to…