United States of America, Plaintiff-appellee, v. Martin J. Cote, Defendant-appellant, 990 F.2d 1261 (9th Cir. 1993)

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US Court of Appeals for the Ninth Circuit - 990 F.2d 1261 (9th Cir. 1993)

Argued and Submitted Oct. 5, 1992. Decided March 15, 1993


Before D.W. NELSON, REINHARDT and KOZINSKI, Circuit Judges.


MEMORANDUM* 

We reverse for the reasons stated in United States v. Caldwell, No. 91-30131, also filed today. Essentially the same incorrect jury instruction was given here as was given in Caldwell. CR 368 instrs. 13-14. And though Cote didn't raise the jury instruction issue on appeal, in this case it would be " 'manifestly unjust' to reverse the conviction of one co-defendant but to uphold the conviction of another co-defendant when the same error affected both defendants." United States v. Ullah, 976 F.2d 509, 514 (9th Cir. 1992).

REVERSED.

 *

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3