UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
September 19, 1991
UNITED STATES OF AMERICA
JUAN VALDEZ, APPELLANT
Appeal from the United States District Court for the Middle District of Pennsylvania; D.C. Crim. No. 90-00273-02; District Judge: The Honorable Sylvia H. Rambo.
Stapleton, Greenberg and Aldisert, Circuit Judges.
After considering the appellant's contention that the district court's jury instructions permitting a finding of guilt based solely on a theory of co-conspirator liability under Pinkerton v. United States, 328 U.S. 640 (1946), impermissibly amended the indictment, which did not contain a conspiracy count; it is
ADJUDGED AND ORDERED that the judgment of the district court entered April 9, 1991, be and is hereby affirmed.
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