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US v. Gavin, No. 08-3342

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By FindLaw Staff on October 05, 2009 3:32 PM

Defendant's witness tampering conviction is affirmed where: 1) the district court's jury instructions improperly added the element of intimidation, and failed to reference the use of physical force, but there was no reasonable probability that defendant would have been acquitted given a proper instruction; and 2) there was no material difference between the indictment's accusations and the evidence presented at trial.

Read US v. Gavin, No. 08-3342

Appellate Information

Submitted: April 14, 2009

Filed: October 5, 2009

Judges

Opinion by District Judge Rosenbaum

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