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UNITED STATES v. KUNA

No. 84-2328.

760 F.2d 813 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Steven A. KUNA, Jr., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 25, 1985.

Attorney(s) appearing for the Case

Lawrence Rosenthal, Asst. U.S. Atty., Dan K. Webb, U.S. Atty., Chicago, Ill., for plaintiff-appellee.

Jeffrey R. Liebman, Arvey, Hodes, Costello & Burman, Chicago, Ill., for defendant-appellant.

Before BAUER and WOOD, Circuit Judges, and DOYLE, Senior District Judge.

BAUER, Circuit Judge.

In June 1984, after a bench trial in the Northern District of Illinois, the district court convicted Steven A. Kuna of five counts of mail fraud in violation of 18 U.S.C. § 1341 and one count of making a false statement to the Securities & Exchange Commission (SEC) in violation of 18 U.S.C. § 1001. Kuna appeals, arguing that during trial the district court constructively amended the mail fraud counts in violation of the fifth and...

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