No. 03-10029.

436 F.3d 1140 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Atul BHAGAT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn September 1, 2004.

Resubmitted July 6, 2005.

Filed February 8, 2006.

Attorney(s) appearing for the Case

Mary McNamara, Swanson & McNamara LLP, San Francisco, CA, for the defendant-appellant.

Amber S. Rosen, Assistant United States Attorney, San Jose, CA, for the plaintiff-appellee.

Before: SCHROEDER, Chief Judge, TASHIMA, and RAWLINSON, Circuit Judges.

RAWLINSON, Circuit Judge:

Appellant Atul Bhagat (Bhagat) challenges his convictions for insider trading; for securities tipping; and for obstructing the course of an SEC investigation.1

Because any new factual theory referenced by the government during closing arguments was introduced for the proper purpose of impeaching Bhagat's credibility, and did not effect a constructive amendment or material variance of the indictment; the...

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