When a superseding indictment is brought against a defendant in a federal criminal case, what is the effect of the original indictment on the elements of the fraud?
MultiRegion, United States of America
The following excerpt is from United States v. Livingston, D.C. No. 1:09-cr-00273-LJO-1, No. 11-10520 (9th Cir. 2013):
When "read in its entirety, construed according to common sense, and interpreted to include facts which are necessarily implied," United States v. Givens, 767 F.2d 574, 584 (9th Cir. 1985), the superseding indictment alleged the elements of mail fraud with adequate factual detail to put
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