United States v. Sharon Mabel Day

41 F.3d 1514 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Sharon Mabel DAY, Defendant-Appellant. No. 94-30038. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 12, 1994. Decided Nov. 10, 1994. Before: BROWNING, WRIGHT, and CANBY, Circuit Judges MEMORANDUM * I. The conviction is affirmed. A. The prosecutor mischaracterized the 1988 wire transfer during rebuttal, but the error was harmless in light of the jury's access to the document itself and the strength of the other evidence against Day. B. The trial court's omission of Coffman's name in reading the indictment did not amend the indictment or mislead the jury to Day's prejudice. "A constructive amendment to the indictment occurs where the jury instructions so modify the elements of the offense charged that the defendant may have been convicted on a ground not alleged by the grand jury's indictment." United States v. Lignarolo, 770 F.2d 971 , 981…