Does a constructive amendment or de novo amendment apply?

Hronek first argues that the government constructively amended the indictment by producing evidence of multiple, distinct conspiracies rather than evidence of the single conspiracy alleged in the indictment and that the district court incorporated this amendment into the jury instructions. We review de novo a constructive amendment allegation. United States v. Aguilar, 756 F.2d 1418, 1421 (9th Cir.1985).