U.S. v. HARTZ

No. 05-30134.

458 F.3d 1011 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Tommy Owen HARTZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 17, 2006.


Attorney(s) appearing for the Case

David B. Zuckerman, Seattle, WA, for the defendant-appellant.

Susan M. Roe, Assistant U.S. Attorney, Seattle, WA, for plaintiff-appellee United States of America.

Before: O'SCANNLAIN, SILVERMAN, and GOULD, Circuit Judges.


GOULD, Circuit Judge:

After a jury trial, Tommy Hartz was convicted of conspiracy, interference with commerce by robbery, use of a firearm during and in relation to a crime of violence, and being a felon in possession of a firearm. Hartz appeals his conviction, arguing: (1) that the district court admitted evidence obtained during an unlawful police search in violation of the Fourth Amendment; (2) that the jury instructions constructively amended the indictment in...

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