United States v. Hoyt Lee McGee

OPINION

COLE, Circuit Judge.

Defendant-Appellant Hoyt Lee McGee challenges his jury conviction for interference with the federally protected rights of Calvin Davis, in violation of 18 U.S.C. § 245. Specifically, McGee argues that the district court erred by: (1) failing to dismiss the indictment because the certification necessary for prosecution was signed by an acting Associate Attorney General; (2) denying his motion for judg ment of acquittal based on the sufficiency of the evidence; (3) failing to instruct the jury as to his theory of the case; and (4) allowing a constructive amendment of…