U.S. v. DARAIO

No. 05-2460.

445 F.3d 253 (2006)

UNITED STATES of America v. Dorothea DARAIO, Appellant.

United States Court of Appeals, Third Circuit.

Filed April 10, 2006.


Attorney(s) appearing for the Case

George S. Leone, Assistant U.S. Attorney, Newark, N.J., Eileen J. O'Connor, Assistant Attorney General, Alan Hechtkopf, Gregory V. Davis, Brian D. Galle (argued), Attorneys, Tax Division, Department of Justice, Washington, D.C., for Appellee.

Richard G. Tuttle (argued), John C. Connell, Archer & Greiner, Philadelphia, PA, for Appellant.

Before ROTH and GREENBERG, Circuit Judges, and BUCKWALTER, District Judge.


GREENBERG, Circuit Judge.

I. INTRODUCTION

Defendant Dorothea Daraio ("Daraio") appeals from a judgment of conviction and sentence entered on May 5, 2005, in this tax evasion case. Daraio raises three issues on this appeal. First, she argues that the evidence at trial coupled with the jury instructions constructively amended the indictment returned against her on which she was tried. Second, she contends that there was at trial, in the alternative to a constructive...

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