United States v. Mack Clarence Colquitt, Julie Mae Lloyd

35 F.3d 572 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mack Clarence COLQUITT, Julie Mae Lloyd, Defendants-Appellants. Nos. 93-30364, 93-30392. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 12, 1994. Decided Sept. 15, 1994. Before: BROWNING, WRIGHT and CANBY, Circuit Judges. 1 MEMORANDUM * 2 Colquitt and Lloyd appeal their convictions and sentences for conspiracy to distribute, and distribution of, cocaine base. We have jurisdiction under 28 U.S.C. Sec. 1291 . We vacate the convictions and remand for a new trial. 1. The Instructions 3 Defendants argue that instruction 19 inadequately instructed the jury on their public authority defense. We review de novo. United States v. Mason, 902 F.2d 1434, 1438 (9th Cir.1990). 4 Because we reverse on other grounds, we need not rule on the adequacy of the district court's instruction. For guidance on retrial, however, we set forth our circuit authority on…