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U.S. v. ERICKSON

Nos. 08-4025, 08-4028.

561 F.3d 1150 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Kathryn V. ERICKSON, Defendant-Appellant, United States of America, Plaintiff-Appellee, v. Gilman Ned Mitchell, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 6, 2009.

Attorney(s) appearing for the Case

Edwin S. Wall of Edwin S. Wall, P.C., Salt Lake City, UT, for Defendant-Appellant, Kathryn V. Erickson.

Elizabethanne C. Stevens, Assistant United States Attorney, (Brett L. Tolman, United States Attorney, with her on the briefs), for Plaintiff-Appellee.

Submitted on the briefs: Loren E. Weiss, Stephen K. Christiansen, and Mary Jane E. Wagg, of Van Cott, Bagley, Cornwall & McCarthy, P.C., Salt Lake City, UT, for Defendant-Appellant Gilman Ned Mitchell.

Brett L. Tolman, United States Atttorney, and Elizabethanne C. Stevens, Assistant United States Attorney, Salt Lake City, UT, for Plaintiff-Appellee.

Before HENRY, Chief Circuit Judge, HARTZ, and O'BRIEN, Circuit Judges.

HARTZ, Circuit Judge.

Defendants Kathryn V. Erickson and Gilman N. Mitchell were each convicted on three counts of obstructing and impeding a federal grand jury. See 18 U.S.C. § 1503. The charges stemmed from the submission of backdated contract extensions (or "change orders") in response to a grand-jury subpoena for records of the Uintah Special Services District (USSD) in Uintah County, Utah. Ms. Erickson was USSD's general manager. The false change...

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