United States v. Maurice Schurr, United States of America v. Harry Rosetsky

OPINION ON REHEARING

BECKER, Circuit Judge.

This criminal appeal is before us for the second time. In our previous disposition we affirmed the conviction of the defendants for substantive violations of 29 U.S.C. § 186 (labor representatives’ acceptance of payments from employers) and for conspiracy to violate that statute. We held that although there had been some variances in the Government’s case between indictment and proof, the variances did not warrant reversal because they were not material and prejudicial. United States v. Schurr, 775 F.2d 549 (3d Cir.1985).

We subsequently granted panel…