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U.S. v. PLESS

No. 94-3169.

79 F.3d 1217 (1996)

UNITED STATES of America, Appellee, v. David A. PLESS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 2, 1996.

Attorney(s) appearing for the Case

Sandra G. Roland, Assistant Federal Public Defender, argued the cause for appellant, with whom A.J. Kramer, Federal Public Defender, Washington, DC, was on the briefs.

E. Vaughn Dunnigan, Assistant United States Attorney, argued the cause for appellee, with whom Eric H. Holder, Jr., United States Attorney, John R. Fisher, Roy W. McLeese, III, and Harry R. Benner, Assistant United States Attorneys, Washington, DC, were on the brief.

Before: EDWARDS, Chief Judge, SILBERMAN and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Appellant David Pless challenges his conviction for bank fraud on grounds that the court constructively amended the indictment in its jury instructions, the court's instruction on his defense of good faith belief was inadequate, and the court improperly admitted under Federal Rule of Evidence 404(b) evidence of the defendant's failure to pay corporate and personal federal taxes...

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