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UNITED STATES v. JENSEN

No. 78-1194.

608 F.2d 1349 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Bruce A. JENSEN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided November 5, 1979.

Attorney(s) appearing for the Case

Harold G. Christensen, Salt Lake City, Utah (Richard K. Crandall, Salt Lake City, Utah, with him on the brief), of Snow, Christensen & Martineau, Salt Lake City, Utah, for defendant-appellant.

Max D. Wheeler, Asst. U. S. Atty., Salt Lake City, Utah (Ronald L. Rencher, U. S. Atty., Salt Lake City, Utah, with him on the brief), for plaintiff-appellee.

Before HOLLOWAY, BARRETT and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

This appeal is from a jury verdict that found defendant Bruce Jensen violated section 17(a) of the Securities Act of 1933, 15 U.S.C. § 77q(a), by committing fraud in the sale of certain securities.

Jensen argues several issues on appeal, including contentions of 1) a fatal variance between proof and the indictment; 2) collateral estoppel (from a civil case involving nine of Jensen's allegedly defrauded investors); 3) erroneous evidentiary...

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