Legal Opinion

United States v. Kimberly Ann Coleman

Court of Appeals for the Ninth Circuit

Decided September 14, 1981No. 80-1869PublishedCited by 20 opinions

1Opinion of the Court

BOOCHEVER, Circuit Judge:

The issue in this case is whether there is a fatal variance between the evidence introduced at trial and the charge contained in an indictment. We conclude that there is not and reverse the trial court’s order granting a motion for judgment of acquittal, non obstante veredicto.

A jury found Kimberly Ann Coleman guilty of robbing the Pacific First Federal Savings and Loan Association (Pacific First), under an indictment charging her with robbery of “a savings and loan association; all in violation of Title 18, United States Code, Section 2113(a).”

18 U.S.C. § 2113(a)…

2Cases cited6 opinions

  1. Hagner v. United StatesSupreme Court of the United States · 1932
  2. United States v. Hugh MacLeod Pheaster, United States of America v. Angelo IncisoCourt of Appeals for the Ninth Circuit · 1976
  3. Richard Kenichi Kaneshiro, A.K.A. Richard Higa, and George Ekita v. United StatesCourt of Appeals for the Ninth Circuit · 1971
  4. United States v. Stewart Clinical Laboratory, Inc., Edward Morris Jorgensen and James StewartCourt of Appeals for the Ninth Circuit · 1981
  5. United States v. Chester Lewis RobertsCourt of Appeals for the Fourth Circuit · 1961

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3Cited by20 opinions

  1. United States v. Franklin Evon Sebetich A/K/A Frank, Earl Dean, Jr., A/K/A Dooney, Michael John BuhoveckyCourt of Appeals for the Third Circuit · 1985
  2. United States v. Du BoCourt of Appeals for the Ninth Circuit · 1999
  3. United States v. Shane Arthur JamesCourt of Appeals for the Ninth Circuit · 1992
  4. United States v. Scott Brian JanoeCourt of Appeals for the Tenth Circuit · 1984
  5. UNITED STATES of America, Plaintiff-Appellee, v. David Brian NEILL, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1999

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