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UNITED STATES v. WHITMAN

No. 80-1226.

665 F.2d 313 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Ronald Brown WHITMAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied January 8, 1982.

Attorney(s) appearing for the Case

Richard N. Stuckey of Keene, Munsinger & Stuckey, Denver, Colo., for defendant-appellant.

Jeffrey C. Fisher, Asst. U. S. Atty. (Charles E. Graves, U. S. Atty., Cheyenne, Wyo., with him on the brief), for plaintiff-appellee.

Before SETH, Chief Judge, SEYMOUR, Circuit Judge, and O'CONNOR, District Judge.

SEYMOUR, Circuit Judge.

Ronald Whitman was convicted after a jury trial on two counts of violating 18 U.S.C. § 10141 by making false statements to a federally insured bank. On appeal, Whitman contends that 1) the indictment was impermissibly amended, 2) a fatal variance occurred between the indictment and the evidence presented at trial, 3) the evidence of intent was insufficient, 4) the jury instruction on the elements of the offense...

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