United States v. Anh Thi Nguyen

MEMORANDUM

Defendant-Appellant Anh Nguyen appeals her jury conviction for three counts of wire fraud in violation of 18 U.S.C. §§ 1342 and 1343, and nine counts of fraud under the Supplemental Nutrition Assistance Program (SNAP), formerly known as the food stamp program, in violation of 7 U.S.C. § 2024 (c) and 18 U.S.C. § 2 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. Nguyen’s conviction did not result from a constructive amendment to, or fatal variance from, the original indictment. Consistent with the allegations in the indictment, the proof at trial showed unequivocally that Nguyen met SNAP beneficiaries outside of supermarkets, took their cards into the markets, and gave them cash upon her return. Even if isolated allegations in the indictment were not proven at trial, “[a]s long as the crime and the elements of the offense ... are fully and clearly set out in the indictment, the right to a grand jury is not normally violated by the fact that the indictment alleges more crimes or other means of commit ting the same crime.” United States v. Miller, 471 U.S. 130, 136 , 105 S.Ct. 1811 , 85 L.Ed.2d 99 (1985).

2. The district court did not abuse its…