What constitutes a constructive amendment in a criminal case?
MultiRegion, United States of America
The following excerpt is from United States v. Binday, Docket No. 14-2809-cr, Docket No. 14-2832-cr, Docket No. 14-2873-cr (2nd Cir. 2015):
A constructive amendment occurs "when the trial evidence or the jury charge operates to broaden the possible bases for conviction from that which appeared in the indictment." United States v. McCourty, 562 F.3d 458, 470 (2d
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