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U.S. v. PINA

Nos. 90-2267, 91-2026.

974 F.2d 1241 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Frank PINA, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellee, v. Frank PINA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 9, 1992.

Attorney(s) appearing for the Case

Paula G. Burnett, Asst. U.S. Atty., D. New Mexico (with William L. Lutz, former U.S. Atty., and Don J. Svet, U.S. Atty., on the briefs), Albuquerque, N.M., for plaintiff/appellant, cross-appellee.

Jill M. Wichlens, Asst. Federal Public Defender (with Michael G. Katz, Federal Public Defender, on the briefs), Denver, Colo., for defendant/appellee, cross-appellant.

Before McKAY, Chief Judge, HOLLOWAY, Circuit Judge, and BELOT, District Judge.

McKAY, Chief Judge.

The United States appeals the district court's decision to dismiss one count of an indictment with prejudice after a jury found defendant Frank Pina guilty of various tax offenses. The claim stems from the court's finding after the jury verdict that its earlier decision to amend the indictment had been prejudicial error. Mr. Pina cross-appeals his conviction for conspiracy to defraud the United States. He argues that evidence presented at trial...

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