United States v. Kimberly Ann Tiedeman

28 F.3d 110 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kimberly Ann TIEDEMAN, Defendant-Appellant. No. 93-10654. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1994. * Decided July 7, 1994. Before: TANG, PREGERSON and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Kimberly Ann Tiedeman appeals her conviction, which followed a jury trial, for possession with intent to distribute methamphetamine in violation of 21 U.S.C. Sec. 841 (a)(1). Tiedeman contends her conviction should be reversed because an erroneous instruction might have led the jury to convict her based upon her possession of methamphetamine residue alone. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we reverse. 3 We review de novo whether a jury instruction misstates an element of a statutory crime. United States v. Blinder, 10 F.3d 1468, 1477 (9th Cir.1993). "The proper inquiry is whether ... the trial court's instructions fairly…