Omari v. Gonzales, __ F.3d __, 2005 WL 1714364 (5th Cir. July 25, 2005) ("Reference in the indictment to "stolen, converted and fraudulently obtained property," as opposed to "stolen, converted or taken by fraud," as recited in the statute does not mean that Omari was necessarily convicted of transferring fraudulently obtained property. Indictments often allege conjunctively elements that are disjunctive in the statute, and this does not require either the government prove all of the statutorily disjunctive elements or that a defendant admit to all of them when pleading guilty."), following Valansi v. Ashcroft, 278 F.3d 203, 215 n. 10 (3d Cir. 2002).
http://caselaw.lp.findlaw.com/data2/circs/5th/0361014p.pdf

jurisdiction: 
Fifth Circuit

 

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