United States v. Mariano, No. 12-2874 (8th Cir. 2013)
Annotate this CaseDefendant appealed his convictions stemming from charges related to his participation in a scheme to steal checks and credit cards. The court concluded that defendant could not challenge on appeal the district court's giving of the precise jury instruction that he requested; rejected defendant's argument that the district court constructively amended the indictment; and concluded that the evidence was sufficient to convict defendant of identity theft. Accordingly, the court affirmed the judgment.
Court Description: Criminal case - Criminal law. With respect to defendant's conviction for aggravated identity theft, the court gave the jury instruction defendant requested, and may not challenge the instruction on appeal; arguments that the court constructively amended the indictment rejected; evidence was sufficient to support defendant's conviction for aggravated identity theft.
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