Court of Appeals for the Fifth Circuit October 16, 1985, 85-2138 (United States v. Steven Austin)

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United States · · · 16-10-1985

WISDOM, Circuit Judge:

On this appeal from a criminal conviction the defendant argues that there was a prejudicial variance between the conspiracy charged in the indictment and the proof adduced at trial. We hold that the district court remedied any possible unfairness to the defendant by issuing curative instructions to the jury and by striking the prejudicial evidence that was introduced.

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