The following excerpt is from U.S. v. Wallace, 59 F.3d 333 (2nd Cir. 1995):
The district court concluded that the crimes alleged in count one of the indictment were not the crimes that the government proved at trial: "By no stretch of the imagination could anyone be confident that the grand jury was aware of the theory the Government pursued at trial, or that--if it had been--it intended to indict on that theory." 856 F.Supp. at 846. This ruling is strictly one of law and, as such, is reviewed de novo. See United States v. Robison, 904 F.2d 365, 368 (6th Cir.), cert. denied, 498 U.S. 946, 111 S.Ct. 360, 112 L.Ed.2d 323 (1990).
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