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U.S. v. PHILLIPS

No. 87-1007.

869 F.2d 1361 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Harold Lloyd PHILLIPS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 17, 1988.

Attorney(s) appearing for the Case

William L. Lutz, U.S. Atty., and James D. Tierney, Asst. U.S. Atty., Albuquerque, N.M., for plaintiff-appellee.

Michael G. Katz, Federal Public Defender, and Vicki Mandell-King, Asst. Federal Public Defender, Denver, Colo., for defendant-appellant.

Before SEYMOUR and ANDERSON, Circuit Judges, and BROWN, District Judge.

STEPHEN H. ANDERSON, Circuit Judge.

Harold Lloyd Phillips appeals his conviction on two counts of violating 18 U.S.C. § 2314 which makes it a crime to knowingly and wilfully transport in interstate commerce forged and falsely made securities with intent to defraud. He contends that the district court erred in its instructions to the jury by enlarging and thus amending the charging indictment. Similarly, because of the same instruction, Phillips contends he was...

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