U.S. v. VAVLITIS

No. 93-1229.

9 F.3d 206 (1993)

UNITED STATES, Appellee, v. Stelios M. VAVLITIS, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 19, 1993.


Attorney(s) appearing for the Case

Robert A. George, Boston, MA, on brief, for defendant, appellant.

Jonathan L. Kotlier, Asst. U.S. Atty., and A. John Pappalardo, U.S. Atty., Boston, MA, on brief, for appellee.

Before BREYER, Chief Judge, TORRUELLA, Circuit Judge, and BOWNES, Senior Circuit Judge.


BOWNES, Senior Circuit Judge.

Defendant-appellant, Stelios M. Vavlitis, was convicted of bank fraud, 18 U.S.C. § 1344(1), for kiting checks and withdrawing money from accounts bearing insufficient funds. We consider on appeal whether the district court erred by dismissing midtrial the superseding indictment on which Vavlitis had not been arraigned, and by allowing the trial to continue on the original indictment. We also must determine whether the jury instruction...

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