No. 88-1542.

877 F.2d 341 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Dwight L. HARRILL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 10, 1989.

Attorney(s) appearing for the Case

James F. Adams and Ronald M. Holley, Dallas, Tex. (court appointed), for defendant-appellant.

Delonia A. Watson, Mark L. Nichols, Asst. U.S. Attys., and Marvin Collins, U.S. Atty., Dallas, Tex., for plaintiff-appellee.

Before REAVLEY, POLITZ, and SMITH, Circuit Judges.

POLITZ, Circuit Judge:

Convicted of making false statements to a financial institution insured by the Federal Deposit Insurance Corporation, 18 U.S.C. § 1014, Dwight L. Harrill appeals, contending that the trial court erred by instructing the jury in a manner that impermissibly broadened the scope of the indictment. Concluding that the jury instructions allowed the jury to convict Harrill on elements of the offense not charged in the indictment, we reverse and...

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