U.S. v. DAVIS

No. 12-1179.

717 F.3d 28 (2013)

UNITED STATES of America, Appellee, v. John DAVIS, Jr., Defendant, Appellant.

United States Court of Appeals, First Circuit.

May 10, 2013.


Attorney(s) appearing for the Case

Peter B. Krupp , with whom Lurie & Krupp, LLP was on brief, for appellant.

Kelly Begg Lawrence , Assistant United States Attorney, with whom Carmen M. Ortiz , United States Attorney, was on brief, for appellee.

Before HOWARD, STAHL and LIPEZ, Circuit Judges.


HOWARD, Circuit Judge.

A jury in the District of Massachusetts convicted the appellant, John Davis, Jr., of aiding and abetting the making of a false claim against the United States in connection with his 2008 federal income tax return. See 18 U.S.C. §§ 287, 2. In this appeal of his conviction, Davis alleges that the district court's aiding and abetting instruction was incorrect as a matter of law, that the instruction also constructively amended...

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