UNITED STATES v. McMAHAN

No. 84-1082.

744 F.2d 647 (1984)

UNITED STATES of America, Appellee, v. Roy L. McMAHAN, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 28, 1984.

Rehearing Denied November 8, 1984.


Attorney(s) appearing for the Case

James R. Wyrsch, Koenigsdorf, Kusnetzky & Wyrsch, Kansas City, Mo., for appellant.

Robert G. Ulrich, U.S.Atty., J. Whitfield Moody, Asst. U.S. Atty., Kansas City, Mo., for appellee.

Before LAY, Chief Judge, ARNOLD, Circuit Judge, and DUMBAULD, Senior District Judge.


LAY, Chief Judge.

Roy L. McMahan appeals from his conviction, under 18 U.S.C. §§ 894(a)(1) and (2), for using extortionate means to collect an extension of credit.

After a jury trial, McMahan was convicted on two counts of a four-count indictment. On appeal, he asserts that (1) the government failed to prove that McMahan extended credit; (2) a material prejudicial variance, or constructive amendment, of the indictment occurred as a result of the...

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