United States Eighth Circuit

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

• Decided 10/05/2009
• Published 10/05/2009

Judges

• ROSENBAUM, District Judge., Before LOKEN, Chief Judge, COLLOTON, Circuit Judge, and ROSENBAUM, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Joseph Blake Hendrix, argued, Little Rock, AR, for appellant.


• For Appellees:
  
• Edward O. Walker, AUSA, argued, Little Rock, AR, for appellee.