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UNITED STATES v. CARRUTH

Nos. 82-1096, 82-1097.

699 F.2d 1017 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas A. CARRUTH, Sr., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jackson L. REED, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 24, 1983.

Attorney(s) appearing for the Case

Terry Amdur, Pasadena, Cal., for Carruth.

Jared J. Scharf, Deborah Wright Dawson, Attys., Dept. of Justice, Tax Div., Washington, D.C., for plaintiff-appellee.

Paul Meyer, Costa Mesa, Cal., for Reed.

Before CHAMBERS, SNEED and SKOPIL, Circuit Judges.

SNEED, Circuit Judge:

Thomas Carruth and Jackson Reed appeal their conviction for conspiracy to defraud the United States in violation of 18 U.S.C. § 371. Both appellants contend that they were impermissibly prejudiced by the government's delay in seeking an indictment. Carruth also claims that there was a variance between the indictment and his conviction, that the evidence was insufficient to sustain a conviction, and that the district court erred in two evidentiary...

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