Court of Appeals for the Ninth Circuit September 9, 1988, 85-5095, 85-5248 (United States v. George Dadanian and Jean Dadanian)

CHAMBERS, Circuit Judge:

The petition for rehearing is granted.

We have reexamined our opinion, 818 F.2d 1443 (9th Cir.1987), in light of the subsequent case of

McNally v. United States,

— U.S. —, 107 S.Ct. 2875, 97 L.Ed.2d 292 (1987). We conclude that

McNally

was violated and that the failure to instruct the jury on the “property” element was not harmless error.

See Rose v. Clark,

478 U.S.