U.S. v. OSBORNE

No. 07-5572.

545 F.3d 440 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Allen V. OSBORNE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 28, 2008.


Attorney(s) appearing for the Case

ARGUED: Todd A. Bussert, Law Office Of Todd A. Bussert, New Haven, Connecticut, for Appellant. Monica Wheatley, Assistant United States Attorney, Louisville, Kentucky, for Appellee. ON BRIEF: Todd A. Bussert, LAW OFFICE OF TODD A. BUSSERT, New Haven, Connecticut, for Appellant. Monica Wheatley, Terry M. Cushing, Assistant United States Attorneys, Louisville, Kentucky, for Appellee.

Before: MARTIN, ROGERS, and SUTTON, Circuit Judges.


OPINION

ROGERS, Circuit Judge.

In this criminal appeal, Allen Osborne, a modeling agent who defrauded Fruit of the Loom with the help of a Fruit of the Loom employee, appeals his conviction of conspiracy to commit mail fraud and his resulting below-Guidelines sentence. Osborne argues that a variance between the indictment and the proof presented at trial affected his substantial rights and therefore mandates reversal of his conviction. The indictment charged...

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