Does the omission of the word "property" from the conspiracy count in the conspiracy to obtain money or property constitute a variance from the original indictment?

MultiRegion, United States of America

The following excerpt is from U.S. v. Oesterblad, 12 F.3d 1110 (9th Cir. 1993):

We also conclude that the omission of the word "property" from the conspiracy count constitutes an insignificant variance, causing no prejudice to Appellants, rather than an amendment that broadens the indictment. See United States v. Olson, 925 F.2d 1170, 1175 (9th Cir.1991). The indictment's detailed description of the means and overt acts of the conspiracy and its substantive charges of wire and mail fraud by scheme to obtain money or property adequately disclosed the government's theory. The omission of "property" in the conspiracy count did not alter the charging terms of the indictment. Id.

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