The following excerpt is from U.S. v. Mollica, 849 F.2d 723 (2nd Cir. 1988):
There are three types of variations between a grand jury indictment and the evidence presented at trial. United States v. Hathaway, 798 F.2d 902, 910 (6th Cir.1986). First, there is an amendment of an indictment " 'when the charging terms of the indictment are altered, either literally or in effect, by prosecutor or court after the grand jury has last passed upon them.' " United States v. Pelose, 538 F.2d 41, 45 n. 8 (2d Cir.1976) (quoting Gaither v. United States, 413 F.2d 1061, 1071 (D.C.Cir.1969)). Second, there is a variance
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