Does a difference between allegations in the indictment and proof at trial constitute a constructive amendment of the indictment?
MultiRegion, United States of America
The following excerpt is from U.S. v. Momeni, 991 F.2d 493 (9th Cir. 1993):
A difference between allegations in the indictment and proof adduced at trial may constitute a constructive amendment of the indictment, which would require reversal, or only a variance, which would not. As the court explained in United States v. Pisello, 877 F.2d 762 (9th Cir.1989),
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