United States v. Louis Heimann

GEORGE C. PRATT, Circuit Judge:

The United States appeals from an order of the United States District Court for the Southern District of New York, Robert W. Sweet, Judge, granting defendant Louis Heimann's motion under Fed.R.Cr.P. 29(c) to set aside the jury’s verdicts and to enter a judgment of acquittal on each of the nine counts on- which defendant was found guilty. The motion was made on the ground that there had been a prejudicial variance between the charges in the indictment and the proof at trial.

After a two week trial on a seventeen count indictment, the jury convicted Heimann on five…