Monday, August 08, 2011

Eigth Circuit -- United States v. Steven Renner

United States v. Steven Renner

 No constructive amendment of the indictment, as evidence at trial was consistent with the course of conduct charged in the indictment.

No error in jury instruction saying that accessed funds are taken funds, despite tax rule that accessed funds remain as liability to the depositor of the funds - reasoning: rule that embezzled funds are dated by the date of embezzlement.

No error in instruction not saying that good faith is not objective where the instruction says that good faith can be subjective.

Ev was sufficient.

Deft seeking professional advice justified a downward variation in sentence.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.