United States v. John A. Cerrito

KUNZIG, Judge.

Defendant appeals from denials of his motion for acquittal or, alternatively, for a new trial. Defendant challenges his conviction on three grounds: First, that the evidence failed to conform to the indictment; second, that certain jury instructions were improper and materially altered the indictment; finally, that the Government’s delay in bringing defendant to trial violated his fifth amendment due process rights. For the reasons stated below, we find no merit in defendant’s arguments and affirm the denial of his motion by the district court.

Defendant, John A. Cerrito, was…