Court of Appeals for the First Circuit December 19, 1979, 79-1055 (United States v. John A. Cerrito)

KUNZIG, Judge.

Defendant appeals from denials of his motion for acquittal or, alternatively, for a new trial. Defendant challenges his conviction on three grounds: First, that the evidence failed to conform to the indictment; second, that certain jury instructions were improper and materially altered the indictment; finally, that the Government’s delay in bringing defendant to trial violated his