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U.S. v. MENDOZA

No. 00-10219.

244 F.3d 1037 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Flavio David MENDOZA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 29, 2001.

Attorney(s) appearing for the Case

Shawn Halbert, Assistant Federal Public Defender, San Francisco, California, for the defendant-appellant.

Laurie Kloster Gray, Assistant United States Attorney, San Francisco, California, for the plaintiff-appellee.

Before: GOODWIN, GRABER, and PAEZ, Circuit Judges.

GOODWIN, Circuit Judge:

Flavio David Mendoza ("Mendoza") appeals his conviction under 18 U.S.C. § 32(a)(6). He contends that the district court erred: (1) by denying his motion for acquittal; (2) by allowing the jury to hear undisclosed expert testimony in violation of Federal Rule of Criminal Procedure 16; and (3) by failing to instruct the jury that the government must prove that he knew an aircraft was or could be in flight and would be endangered or that...

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