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U.S. v. FARR

No. 07-6187.

536 F.3d 1174 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Skoshi Thedford FARR, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 19, 2008.

Attorney(s) appearing for the Case

Mack K. Martin (Kendall A. Sykes with him on the briefs) of Martin Law Office, Oklahoma City, OK, for Defendant-Appellant.

Susan Dickerson Cox, Assistant United States Attorney (John C. Richter, United States Attorney, with her on the briefs), Oklahoma City, OK, for Plaintiff-Appellee.

Before KELLY, HOLLOWAY, and GORSUCH, Circuit Judges.

GORSUCH, Circuit Judge.

Skoshi Thedford Farr appeals her conviction for tax fraud. She alleges that during trial the government constructively amended the indictment against her — trying her not just for the crime described in the indictment but also for a separate and additional offense. We agree. The grand jury indicted Ms. Farr for one crime (failure to pay quarterly employment taxes for a medical clinic) but at trial the government pursued her for another...

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