U.S. v. BARBER

No. 93-4096.

39 F.3d 285 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. James N. BARBER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 7, 1994.


Attorney(s) appearing for the Case

Submitted on the briefs.1

Scott M. Matheson, Jr., U.S. Atty. for the Dist. of Utah, Salt Lake City, UT, and Patrick J. Schneider, Sp. Asst. U.S. Atty., Phoenix, AZ, on the brief for plaintiff-appellee.

Edward K. Brass, Salt Lake City, UT, for defendant-appellant.

Before ANDERSON, McKAY and BRORBY, Circuit Judges.


BRORBY, Circuit Judge.

James N. Barber was indicted and convicted for forging the signature of a judge of the United States Court of Claims, in violation of 18 U.S.C. § 505. Mr. Barber appeals his conviction and his sentence arguing the jury instructions concerning intent to defraud were incomplete and erroneous, the district court failed to abide by Fed.R.Crim.P. 11, and the district court erred in imposing a vindictive sentence and harsher sentence after trial...

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