United States Tenth Circuit

The alleged constructive amendment of defendant's Travel Act indictment did not affect the fairness, integrity, or public reputation of the judicial proceedings, since overwhelming and essentially uncontroverted evidence proved his guilt on the closely linked, but uncharged, crime of using facilities in interstate commerce. Fact findings supported the U.S.S.G. 3B1.1(b) enhancement for his managerial or supervisory role.

Appellate Information

• Decided 03/01/2004
• Published 03/01/2004

Judges

• TACHA, Chief Circuit Judge., Before TACHA, Chief Circuit Judge, BALDOCK, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: 


• For Appellees:
  
• Michael G. Katz, Federal Public Defender, and Vicki Mandell-King, Assistant Federal Public Defender, Office of the Federal Public Defender for the District of Colorado, for Defendant-Appellant., David E. O'Meilia, United States Attorney, and Kevin Danielson, Assistant United States Attorney, Office of the United States Attorney for the Northern District of Oklahoma, for Plaintiff-Appellee.