Fifth Amendment — constructive amendment

Posted June 18, 2019 3:21 PM

Where an amendment charged possession of a specific firearm in an indictment, evidence of multiple firearms was introduced at trial and the jury instructions did not specify possession of which firearm was needed for conviction, as a result, the error was not plain based on unsettled law.The 7th U.S. Circuit Court of Appeals affirmed a decision by U.S. District Judge James E. Shadid, Central District of Illinois, sitting by designation in the Southern District of Indiana.Devan Pierson was arrested by Indianapolis …

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