DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

064007P.pdf   02/25/2009  USA  v.  Russell Hoffmann
   U.S. Court of Appeals Case No:  06-4007
   District of Nebraska - Omaha   
   [PUBLISHED] [Benton, Author, with Bye and Shepherd, Circuit Judges]
   Criminal case - criminal law. While the court erred in modifying
   defendant's theory-of-defense instruction, the instructions as a whole
   accurately informed the jury of the government's burden of proof
   concerning the elements of the illegal gratuity offense and the error did
   not require a new trial; evidence was sufficient to prove defendant
   intended to give golf clubs to an Army Corps of Engineers employee in
   order to obtain a favorable performance rating. Judge Bye, dissenting as
   to whether the evidence was sufficient to support conviction.