United States v. Robert Ezquiel Garcia

21 F.3d 1117 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Ezquiel GARCIA, Defendant-Appellant. No. 93-10404. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 17, 1994. Decided April 1, 1994. Before: POOLE, CANBY and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Robert Ezquiel Garcia was convicted of two counts of abusive sexual conduct in violation of 18 U.S.C. Secs. 2244 (a)(1), 2245(3), and 1152. Garcia now challenges his conviction, asserting, first, that the government failed to prove that the district court had subject matter jurisdiction over the crimes, second, that the district court erred in failing to instruct the jury that it must find the jurisdictional facts as an element of the crime, and, third, that the district court consequently erred in denying Garcia's motion for a directed verdict on the issue. Finally, Garcia contends that the district court erred in failing to give a jury…