United States v. Joseph R. Cimino IV

29 F.3d 635 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Joseph R. CIMINO IV, Defendant-Appellant. No. 93-10326. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 15, 1994. Decided July 22, 1994. 1 Before: FLETCHER and TROTT, Circuit Judges, and KING, * District Judge. 2 MEMORANDUM ** 3 Joseph Rudolph Cimino IV appeals his jury conviction for four counts of bankruptcy fraud, in violation of 28 U.S.C. Sec. 152 . Cimino contends that (1) the charges should have been dismissed because the proof at trial operated to materially amend the indictment against him, (2) the district court erred in instructing the jury on the government's "alter ego" theory of liability, (3) the district court erred in denying his Fed.R.Crim.P. 29(c) motion for acquittal because of insufficient evidence, and, in the alternative, (4) he was improperly prosecuted as an individual because the indictment charged only conduct…