United States v. Van Alstyne

MEMORANDUM **

Lance Van Alstyne appeals a jury conviction of seven counts of mail fraud, in violation of 18 U.S.C. § 1341 , and three counts of money laundering, in violation of 18 U.S.C. § 1956 (a)(1)(A)(i). On October 3, 2003, we remanded this matter to the district court for the sole purpose of amending the district court’s judgment to reflect a maximum sentence of 290 months. We ordered counsel to submit any further response to this court regarding the revised judgment within ten days of the district court issuing that judgment. On November 13, 2003, the district court issued an amended judgment order. As ten days have elapsed since the date of that judgment, we now dispose of Van Alstyne’s remaining appeal.

Van Alstyne first contends that the district court erred in allowing two amendments to the indictment. We review the district court’s decision de novo. See United States v. Neill, 166 F.3d 943, 947 (9th Cir.1999).

The errors and subsequent amendments neither misled nor prejudiced Van Alstyne. The indictment cited the statute with which the Government was charging him. This citation enabled Van Alstyne to make a plea and prepare his defense. The amendments simply changed…