DOJ-OGR-00010388.jpg
718 KB
Extraction Summary
8
People
4
Organizations
1
Locations
1
Events
2
Relationships
5
Quotes
Document Information
Type:
Legal document
File Size:
718 KB
Summary
This document is a page from a legal filing dated April 29, 2022, in which a court outlines the applicable law regarding constructive amendments to a grand jury indictment. The court explains that under the Fifth Amendment, a defendant can only be tried on the charges in the indictment, and details the legal standard for determining if the trial evidence or jury instructions improperly altered the "core of criminality" of the alleged crime. The court cites numerous precedents from the Second Circuit to support its analysis before denying the defendant's motion.
People (8)
| Name | Role | Context |
|---|---|---|
| Wozniak | Defendant |
Mentioned as the defendant in the cited case United States v. Wozniak.
|
| Khalupsky | Defendant |
Mentioned as the defendant in the cited case United States v. Khalupsky.
|
| Salmonese | Defendant |
Mentioned as the defendant in the cited case United States v. Salmonese.
|
| Frank | Defendant |
Mentioned as the defendant in the cited case United States v. Frank.
|
| Gross | Defendant |
Mentioned as the defendant in the cited case United States v. Gross.
|
| Lebedev | Defendant |
Mentioned as the defendant in the cited case United States v. Lebedev.
|
| Daugerdas | Defendant |
Mentioned as the defendant in the cited case United States v. Daugerdas.
|
| D’Amelio | Defendant |
Mentioned as the defendant in the cited case United States v. D’Amelio.
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| United States | government agency |
Party in several cited legal cases, such as United States v. Wozniak.
|
| Second Circuit | government agency |
Referred to as the court of appeals (2d Cir.) in multiple case citations.
|
| Court | government agency |
Refers to the judicial body authoring this document, which is disagreeing with and denying the Defendant's motion.
|
| Grand Jury | legal body |
Mentioned in the context of the Fifth Amendment's Grand Jury Clause, which requires an indictment to be returned by a...
|
Timeline (1 events)
Locations (1)
| Location | Context |
|---|---|
|
Mentioned as the location of the court in the citation for United States v. Gross (S.D.N.Y. Oct. 18, 2017).
|
Relationships (2)
The document states, "the Court disagrees and denies the Defendant’s motion on this basis."
The document cites the legal case "United States v. Wozniak," indicating the United States was the prosecuting party against the defendant, Wozniak.
Key Quotes (5)
"a defendant has the right to be tried only on charges contained in an indictment returned by a grand jury."Source
— United States v. Wozniak
(Quoted to establish the fundamental rule under the Fifth Amendment's Grand Jury Clause.)
DOJ-OGR-00010388.jpg
Quote #1
"[W]hen the charge upon which the defendant is tried differs significantly from the charge upon which the grand jury voted,” a constructive amendment occurs and reversal is required."Source
— United States v. Khalupsky
(Quoted to define what constitutes a constructive amendment that warrants reversal.)
DOJ-OGR-00010388.jpg
Quote #2
"To prevail on a constructive amendment claim, a defendant must demonstrate that either the proof at trial or the trial court’s jury instructions so altered an essential element of the charge that, upon review, it is uncertain whether the defendant was convicted of conduct that was the subject of the grand jury’s indictment."Source
— United States v. Salmonese
(Quoted to explain the legal standard a defendant must meet to succeed on a constructive amendment claim.)
DOJ-OGR-00010388.jpg
Quote #3
"core of criminality"Source
— United States v. Gross
(A legal concept the Court must delineate to determine if a constructive amendment occurred.)
DOJ-OGR-00010388.jpg
Quote #4
"The “core of criminality . . . involves the essence of a crime, in general terms.”"Source
— United States v. Daugerdas
(Quoted to provide a definition for the legal concept of the "core of criminality".)
DOJ-OGR-00010388.jpg
Quote #5
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