071328P.pdf   04/08/2008  United States  v.  Tonya Hyles
   U.S. Court of Appeals Case No:  07-1328
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau   
   [PUBLISHED] [Benton, Author, with John R. Gibson and Wollman, Circuit
   Judges]
   Criminal case - criminal law. While the proffer offer in the case
   provided that the government would not use defendant's statements
   against her, it also specifically provided that it would be null and void if
   defendant did not provide truthful information, and the government did
   not violate defendant's Fifth Amendment rights by offering her grand jury
   testimony at trial after she failed to provide the prosecution with the full
   truth about the crimes; evidence was sufficient to support defendant's
   convictions for conspiracy to use interstate facilities to commit murder
   for hire, conspiracy to deliver a firearm to a felon and possession of a
   firearm in furtherance of a crime of violence; even if a variance existed
   between the indictment and the proof at trial, it did not affect defendant's
   substantial rights and was not plain error; claim of improper closing
   argument rejected; jury verdict did not violate defendant's Sixth
   Amendment right to a jury trial; evidentiary challenges rejected.