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United States v. Bunchan

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Before Howard and Stahl, Circuit Judges, and DiClerico, *fn1 District Judge.

Defendant-Appellant James Bunchan was convicted by a jury for use of a facility of interstate commerce in the commission of murder-for-hire and solicitation to commit a crime of violence. The case arose from Bunchan’s efforts to hire someone to kill the people whom he expected to testify against him in a pending federal fraud prosecution. He now appeals his convictions and sentence, arguing that the district court constructively amended the indictment when it instructed the jury as to the solicitation offense, improperly instructed the jury on nullification, and imposed an unreasonable sentence of 300 months. We reject Bunchan’s claims and affirm the district court.

I. Facts and Background

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