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U.S. v. WONSCHIK

No. 02-1276.

353 F.3d 1192 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Frank Herbert Wonschik, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 6, 2004.

Attorney(s) appearing for the Case

Jill M. Wichlens, Assistant Federal Public Defender, (Michael G. Katz, Federal Public Defender, with her on the brief) Denver, CO, for Defendant-Appellant.

Robert M. Russel, Assistant United States Attorney, (John W. Suthers, United States Attorney, with him on the brief), Denver, CO, for Plaintiff-Appellee.

Before MURPHY, BRORBY, and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

In this appeal, we consider (1) whether a jury instruction that defined "machinegun" as that term is defined in § 5845(b) of the National Firearms Act (26 U.S.C. § 5845(b)) constructively amended a defendant's indictment for possessing "parts from which a machine gun could be assembled," and (2) whether a district judge's leading jurors in reciting the Pledge of Allegiance during voir dire violated a defendant's right to a fair...

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