Monday, October 16, 2006

constructively amended indictment

US v. Hoover (10/10/06 - No. 05-30564)
A conviction for making a false statement to a federal agent is reversed where the indictment charged defendant with making one false statement, and the jury instructions allowed the jury to convict him for making a different false statement, and thus, the trial court constructively amended defendant's indictment. http://caselaw.lp.findlaw.com/data2/circs/5th/0530564cr0p.pdf

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