UNITED STATES v. BURNS

No. 19-3205.

990 F.3d 622 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy James BURNS, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 8, 2021.


Attorney(s) appearing for the Case

Cheryl Schrempp DuPris , Assistant U.S. Attorney, U.S. Attorney's Office, District of South Dakota, Pierre, SD, Ann Marie Hoffman , Assistant U.S. Attorney, U.S. Attorney's Office, Sioux Falls, SD, for Plaintiff-Appellee.

Timothy James Burns, Federal Prison Camp, Yankton, SD, Pro Se.

Steven R. Morrison , Grand Forks, ND, for Defendant-Appellant.

Before SMITH, Chief Judge, LOKEN and GRUENDER, Circuit Judges.


A jury convicted Timothy Burns of wire fraud under 18 U.S.C. § 1343. Burns makes five arguments on appeal: (1) the evidence against him was insufficient, (2) the district court's1 willful-blindness instruction was improper, (3) the jury instruction impermissibly varied from the indictment, (4...

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