UNITED STATES of America, Plaintiff-Appellee, v. MacArio DURAN, Defendant-Appellant. (Two Cases)

Macario Duran appeals his sentence and convictions following a jury trial for theft from a program receiving federal funds, aiding and abetting perjury before a federal grand jury, filing a false tax return, making a false statement on a loan application, attempt to possess and distribute cocaine and use of a communications facility to facilitate a narcotics offense. He contends the district court improperly instructed the jury on his theory of the defense. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I

Macario Duran is a former Deputy Sheriff with the Los Angeles County Sheriffs Department (“LASD”). The LASD had three Major Narcotics Violator Crews responsible for investigation of money laundering and narcotics violations. Duran was assigned to the third crew, or Majors III. Most of the crimes Duran was charged with arose out of an investigation in 1989 of the LASD which revealed that deputies were involved in thefts of currency during narcotics transactions and seizures of currency. Members of the LASD, in conjunction with other law enforcement agencies, orchestrated a “sting” that captured members of Majors II stealing money from a purported narcotics dealer.…