U.S. Court of Appeals for the Ninth Circuit, 2009

United States v. Gallego

United States v. Gallego
U.S. Court of Appeals for the Ninth Circuit · Decided June 16, 2009 · Ikuta, McKeown, Trott
329 F. App'x 115

United States v. Gallego

Opinion of the Court

MEMORANDUM **

Because 18 U.S.C. § 4082(a) defines a type of “escape” under 18 U.S.C. § 751, the district court’s jury instruction was not improper and did not improperly amend the indictment. See United States v. Jones, 569 F.2d 499, 501 (9th Cir. 1978) *116(using § 4082 as an example of “escape” under 18 U.S.C. § 751).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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