US v. Gavin, No. 08-3342
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.
Appellate Information
Submitted: April 14, 2009
Filed: October 5, 2009
Judges
Opinion by District Judge Rosenbaum