United States v. Robert Steven Ausmus

21 F.3d 1116 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Steven AUSMUS, Defendant-Appellant. No. 91-10387. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1994. * Decided March 28, 1994. Before: FLETCHER, BRUNETTI, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Robert Steven Ausmus appeals his convictions following jury trial for conspiracy to manufacture marijuana in violation of 21 U.S.C. Sec. 846 and aiding and abetting the manufacture of marijuana in violation of 18 U.S.C. Sec. 2 and 21 U.S.C. Sec. 841 (a)(1). Ausmus contends that the district court should have instructed the jury on (1) accessory after the fact and (2) prosecutorial misconduct. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 * Accessory After the Fact 4 Ausmus contends that the district court should have instructed the jury on the lesser included offense of accessory after the fact. This argument lacks merit. 5…