U.S. v. SCHMELTZ

No. 11-3140.

667 F.3d 685 (2011)

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

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 20, 2011.


Attorney(s) appearing for the Case

ARGUED: Neil S. McElroy , Toledo, Ohio, for Appellant. Angela M. Miller , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Neil S. McElroy , Toledo, Ohio, for Appellant. Angela M. Miller , Jessica Dunsay Silver , United States Department of Justice, Washington, D.C., Roger S. Bamberger , Assistant United States Attorney, Cleveland, Ohio, for Appellee.

Before: ROGERS, COOK, and WHITE, Circuit Judges.


OPINION

COOK, Circuit Judge.

Federal prisoner Jay Schmeltz appeals his conviction for falsifying a document in violation of 18 U.S.C. § 1519, alleging that the structure of his indictment was duplicitous and that the district court's failure to provide the jury with a specific unanimity instruction violated his right to a unanimous verdict. Finding no error, we affirm.

I.

On May 30, 2004, doctors at St. Vincent's Hospital discharged...

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