United States Fifth Circuit

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US v. Scher, 08-20269

Defendant's conviction and sentence for wire fraud for using unauthorized waiver codes to obtain illegal discounts on airline flights is affirmed where 1) defendant's argument, that the indictment was constructively amended because the court-s definition of -scheme to defraud- on one occasion included the language -or other things of value,- ignored the balance of the instructions, which were on the whole correct; and 2) defendant did not provide rebuttal evidence that the district court deemed sufficient to undermine the information in the presentence report.

Appellate Information

  • Decided 03/23/2010
  • Published 03/23/2010



  • United States Fifth Circuit