What is the test for a motion to dismiss a criminal charge of false imprisonment under the Fifth Amendment?
MultiRegion, United States of America
The following excerpt is from U.S. v. Miller, 116 F.3d 641 (2nd Cir. 1997):
It is well established that "[u]nder the Fifth Amendment, a criminal defendant has the right to be tried only on the charges contained in the indictment returned by a grand jury." United States v. Helmsley, 941 F.2d 71, 89 (2d Cir.1991), cert. denied, 502 U.S. 1091, 112 S.Ct. 1162, 117 L.Ed.2d 409 (1992). "An unconstitutional amendment of the indictment occurs when the charging terms are altered...." Id. However, the correction of merely technical
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