United States v. Tyrone Powe, United States of America v. Robert Juarez

9 F.3d 1555 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Tyrone POWE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Robert JUAREZ, Defendant-Appellant. Nos. 92-50422, 92-50447. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 2, 1993. Decided Oct. 28, 1993. 1 Before: BROWNING, FARRIS, and KELLY, * Circuit Judges. 2 MEMORANDUM ** 3 Tyrone Powe and Robert Juarez appeal their convictions for conspiracy in violation of 18 U.S.C. § 371 and theft of funds from a government project in violation of 18 U.S.C. § 666 . Powe also appeals his conviction for providing a false statement on a tax return in violation of 26 U.S.C. § 7206 (1). We affirm. 1 I. MOTION TO STRIKE SURPLUSAGE 4 The trial judge did not abuse his discretion by rejecting Powe's motion to strike Overt Act # 39. The prosecution charged and sought to prove that, in furtherance of the conspiracy, Powe lied…