What is the test for reversal of a finding of guilty of conspiracy to pervert the course of justice?
MultiRegion, United States of America
The following excerpt is from USA. v. Recio, 270 F.3d 845 (9th Cir. 2001):
not include the two arrested former co-conspirators. At most, this would merely suggest that there was a variance between the indictment and proof adduced at trial. Such a variance would warrant reversal only if it "affect[ed] the substantial rights of the parties. " U.S. v. Duran, 189 F.3d 1071, 1081 (9th Cir. 1999) (citing Kotteakos v. United States, 328 U.S. 750 (1946)).
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