United States v. Frank Allen Yeo

FAGG, Circuit Judge.

Frank Yeo appeals from his conviction for using extortionate means to collect a debt, in violation of 18 U.S.C. §§ 894(a)(1) and (2). On appeal Yeo alleges, among other things, that an instruction to the jury constructively amended the indictment. Because we agi*ee with this contention, we reverse.

Yeo was charged in three counts of a four-count indictment. Count one, the only count on which Yeo was convicted, charged that on or about May 5, 1982, Yeo and Roy McMahan difl aid, abet, cause, and participate in the use of an extortionate means to collect and attempt to collect…