UNITED STATES v. COLEMAN

No. 80-1869.

656 F.2d 509 (1981)

UNITED STATES of America, Plaintiff-Appellant, v. Kimberly Ann COLEMAN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 14, 1981.

Rehearing and Rehearing Denied November 19, 1981.


Attorney(s) appearing for the Case

John C. Winkfield, Washington, D. C., for plaintiff-appellant.

Allan D. Sobel, Sobel & Coon, Portland, Or., for defendant-appellee.

Before SNEED and BOOCHEVER, Circuit Judges, and CRAIG, District Judge.


Rehearing and Rehearing En Banc Denied November 19, 1981.

BOOCHEVER, Circuit Judge:

The issue in this case is whether there is a fatal variance between the evidence introduced at trial and the charge contained in an indictment. We conclude that there is not and reverse the trial court's order granting a motion for judgment of acquittal, non obstante veredicto.

A jury found Kimberly Ann Coleman guilty of robbing the Pacific First Federal Savings and...

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