The following excerpt is from U.S. v. Fabiniak, 62 F.3d 1426 (9th Cir. 1995):
This argument raises the issue of whether there is a reasonable likelihood that the jury's verdict was affected by the inappropriate reference in the instructions to intangible property rights. Koshnevis, 979 F.2d at 696. A constructive amendment to the indictment occurs where the jury instructions so modify the elements of the offense charged that the defendant may have been convicted on a ground not alleged by the grand jury's indictment. United States v. Lignarolo, 770 F.2d 971, 981 n. 15 (11th Cir.1985) (quotations omitted). Reviewing the instructions in their entirety and the evidence presented at trial, and considering that the indictment was read to the jury, we hold that there is no reasonable possibility that the single error materially affected the verdict.
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