U.S. v. FARR

No. 09-6024.

591 F.3d 1322 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Skoshi Thedford FARR, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 11, 2010.

Attorney(s) appearing for the Case

Mack K. Martin (with Kendall A. Sykes on the briefs), of Martin Law Office, Oklahoma City, OK, for Defendant-Appellant.

Susan Dickerson Cox (with John C. Richter on the brief), U.S. Attorney's Office, Oklahoma City, OK, for Plaintiff-Appellee.

Before KELLY, SILER, and TYMKOVICH, Circuit Judges.

SILER, Circuit Judge.

Skoshi Thedford Farr was convicted by a jury of evading taxes in violation of 26 U.S.C. § 7201. We reversed her conviction on appeal because the proof presented at trial and the district court's jury instructions constructively amended the indictment. She was subsequently indicted for violating the same statute based on the same conduct. The district court denied her motion to dismiss on double jeopardy grounds. For the reasons that follow...

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