United States Fifth Circuit

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US v. Bohuchot, 08-11090

Defendants' convictions and sentences for bribery and money laundering are affirmed where: 1) it was at least debatable whether there was clearly or obviously a constructive amendment of the indictment, but in any event, neither the third nor fourth prongs of plain error review was satisfied in this case; 2) a rational juror could infer from the circumstantial evidence and the evidence regarding the contract at issue that defendant accepted or solicited remuneration as part of an ongoing scheme as alleged in the indictment; and 3) even if the prosecutor's comments were improper, they were not sufficiently prejudicial to "cast serious doubt on the correctness of the jury's verdict."

Appellate Information

  • Decided 11/10/2010
  • Published 11/10/2010

Judges

  • Priscilla R. Owen

Court

  • United States Fifth Circuit

Counsel