United States v. Robert W. Guthrie

17 F.3d 397 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 W. GUTHRIE, Defendant-Appellant. No. 93-30066. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 16, 1993. Decided Feb. 10, 1994. 1 Before: BROWNING, NORRIS, and O'SCANNLAIN, Circuit Judges 2 MEMORANDUM * 3 * "Whether a jury instruction misstates elements of a statutory crime is a question of law and is reviewed de novo." United States v. Johnson, 956 F.2d 197, 199 (9th Cir.1992). Contrary to Guthrie's contention, the instructions given in this case did not make bid rigging a strict liability crime. They required the government to prove Guthrie knowingly entered into agreements with potential competitors for the purpose of preventing them from bidding on the properties. Such instructions "correctly state[ ] the government's burden" in a bid rigging case. United States v. Alston, 974 F.2d 1206, 1210 (9th Cir.1992). 4 The government was…