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U.S. v. SCOTT

No. 92-6261.

993 F.2d 1520 (1993)

UNITED STATES of America, Plaintiff-Appellant, Cross-Appellee, v. Robert D. SCOTT, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 25, 1993.

Attorney(s) appearing for the Case

Terry Moorer, Asst. U.S. Atty., Montgomery, AL, for appellant.

John W. Kelly, III, Selma, AL, for appellee.

Before DUBINA, Circuit Judge, CLARK and ESCHBACH, Senior Circuit Judges.

PER CURIAM.

The United States is appealing the district court's order granting Postmaster Robert D. Scott ("Scott") a judgment of acquittal notwithstanding a guilty verdict ("JNOV") on a charge of detaining mail. The district court granted Scott's motion for a JNOV on the grounds that the indictment failed to allege the charged offense and there was a fatal variance in the proof. The United States argues that these grounds are erroneous. We have jurisdiction to hear...

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