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064071P.pdf   08/16/2007  United States  v.  James Hance
   U.S. Court of Appeals Case No:  06-4071
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Smith, Author, with Bye, Circuit Judge and Nangle,
   District Judge]
   Criminal Case - conviction and sentence. Conviction for mail fraud is
   affirmed. Superseding indictment, filed after the statute of limitations
   ran, including sentencing facts did not substantially broaden or amend
   original charges filed within limitations period, delay did not cause
   prejudice, indictment was sufficient. Sufficient evidence was presented
   to sustain conviction. Error in failing to admit evidence was harmless. 
   District court did not err in calculating loss and assessing ten-level
   enhancement was not error, but erred in imposing a two-level
   enhancement for sophisticated means, as means used were common. 
   Case is remanded for resentencing.