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United States Third Circuit


US v. Daraio, 05-2460

A conviction and sentence in a tax evasion case is affirmed over claims of error that: 1) evidence at trial coupled with jury instructions constructively amended the indictment returned against her on which she was tried; 2) there was a prejudicial variance in the evidence from the terms of the indictment; and 3) evidence was erroneously admitted.

Appellate Information

  • Argued 03/06/2006
  • Decided 04/10/2006
  • Published 04/10/2006

Judges

  • GREENBERG, Circuit Judge., Before ROTH and GREENBERG, Circuit Judges, and BUCKWALTER, District Judge.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Richard G. Tuttle (argued), John C. Connell, Archer & Greiner, Philadelphia, PA, for Appellant.

  • For Appellees:
  • George S. Leone, Assistant U.S. Attorney, Newark, N.J., Eileen J. O'Connor, Assistant Attorney General, Alan Hechtkopf, Gregory V. Davis, Brian D. Galle (argued), Attorneys, Tax Division, Department of Justice, Washington, D.C., for Appellee.
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