The following excerpt is from United States v. Lopez, 4 F.4th 706 (9th Cir. 2021):
Contrary to the view of our dissenting colleague, this case has little in common with Howard v. Daggett , 526 F.2d 1388 (9th Cir. 1975) (per curiam). See Dissenting Op. 74142. The defendant in Howard was charged with inducing two specific women to engage in interstate prostitution. Id. at 1389. At trial however, the evidence and the jury instructions also referred to the defendant's conduct toward other alleged prostitutes not named in the indictment. Id. We found this change constituted an impermissible amendment of the indictment because the criminal conduct charged under the statute was different
[4 F.4th 729]
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