United States v. J.R. Hildebrand

9 F.3d 1554 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. J.R. HILDEBRAND, Defendant-Appellant. No. 92-30306. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 2, 1993. Decided Nov. 5, 1993. Before: WRIGHT, GOODWIN, and HUG, Circuit Judges. 1 MEMORANDUM * 2 J.R. Hildebrand appeals his conviction of one count of violating 18 U.S.C. § 287 by knowingly making and presenting to the United States Forest Service a false and fraudulent claim for damaged property. He argues that the jury was not instructed on his theory of the case, and that the Government failed to prove an essential element of the case. We affirm. I. 3 Under a contract with the Forest Service Hildebrand provided an all terrain carrier and operators to assist in fighting forest fires. His vehicle was used to carry firefighters and equipment to and from the fire line. The contract provided that the Government would assume risk for loss,…