United States v. Lloyd Gene Ploutz, United States of America, Plaintiff-Appellant/cross-Appellee v. Lloyd Gene Ploutz, Defendant-Appellee/cross-Appellant

37 F.3d 1507 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. Lloyd Gene PLOUTZ, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellant/Cross-Appellee, v. Lloyd Gene PLOUTZ, Defendant-Appellee/Cross-Appellant. Nos. 93-10155, 93-10201. United States Court of Appeals, Ninth Circuit. Submitted July 15, 1994. * Decided Sept. 21, 1994. 1 Before: LEAVY and KLEINFELD, Circuit Judges, and VAN SICKLE, District Judge. ** 2 MEMORANDUM *** 3 The United States appeals from an order granting a new trial on arson counts (Cts. I & II), based on newly discovered evidence. Ploutz cross-appeals the denial of an earlier motion for new trial on all counts, based on alleged error in admitting evidence about a 1979 fire, and in refusing to give a specific intent instruction for the mail fraud count (Ct. III). FACTS AND PROCEEDINGS BELOW 4 Ploutz was part owner of a commercial building in Modesto, California, which was destroyed when…