United States v. Thomas Andrew John

39 F.3d 1189 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Thomas Andrew JOHN, Defendant-Appellant. No. 93-30221. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 6, 1994. Decided Oct. 6, 1994. Before: ALARCON, NORRIS and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Following a jury trial, Thomas Andrew John was convicted of theft of Government property valued in excess of one hundred dollars in violation of 18 U.S.C. Sec. 641 , and making a false statement in violation of 18 U.S.C. Sec. 1001 . The dispositive issue on appeal is whether the Government proved that the value of the Government property John took without authorization exceeded one hundred dollars. John also argues that this matter must be remanded for a new trial because the district court erred in giving a coercive Allen instruction to the jury following a deadlock during its deliberations. John does not challenge the sufficiency of the…