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U.S. v. SCHER

No. 08-20269.

601 F.3d 408 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Steven Jay SCHER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 23, 2010.

Attorney(s) appearing for the Case

Mary Jane Harmon, Ryan Douglas McConnell, Asst. U.S. Atty. (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Fed. Pub. Def., Molly Estelle Odom, Asst. Fed. Pub. Def. (argued), Houston, TX, for Defendant-Appellant.

Steven Jay Scher, San Diego, CA, pro se.

Before HIGGINBOTHAM, GARZA and PRADO, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Stephen Jay Scher, a travel agent, was convicted of wire fraud for using unauthorized waiver codes to obtain illegal discounts on Continental Airlines flights. Complaining that the jury instructions improperly amended the indictment and that the loss calculation method unreasonably inflated Continental's losses, Scher appeals.

I

Continental sells airline tickets to consumers in several ways, including through ticketing...

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