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U.S. v. DUBÓN-OTERO

Nos. 00-2029, 00-2030.

292 F.3d 1 (2002)

UNITED STATES, Appellee, v. Luis E. DUBÓN-OTERO, Defendant-Appellant. United States, Appellee, v. Jorge L. Garib-Bazain, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided May 29, 2002.

Attorney(s) appearing for the Case

David W. Roman, with whom Brown & Ubarri, Frederick P. Hafetz, Susan R. Necheles, Elizabeth M. Johnson, and Goldman & Hafetz were on brief, for appellant Dubón.

Scott A. Srebnick, with whom Howard M. Srebnick and Black, Srebnick, & Kornspan were on brief, for appellant Garib.

Richard A. Friedman, United States Department of Justice, with whom Guillermo Gil, United States Attorney, and Maria Dominguez and Thomas F. Klumper, Assistant United States Attorneys, were on brief, for appellee.

Before SELYA, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and LIPEZ, Circuit Judge.

JOHN R. GIBSON, Senior Circuit Judge.

Luis Dubón-Otero and Jorge L. Garib-Bazain appeal from their convictions, after a joint trial, for conspiring to steal property worth more than $5,000 from an organization receiving more than $10,000 in federal benefits in any one-year period. See 18 U.S.C. §§ 371, 666(a)(1)(A) and (2) (1994). They argue that there was a constructive amendment of the indictment, that there was insufficient evidence to convict...

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