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This page from a legal document, likely a court opinion, discusses and rejects a defendant's claim of a 'constructive amendment' to their indictment. The court finds that the evidence presented by the Government, including a witness named Jane's testimony, and the jury instructions from the District Court, stayed within the 'core of criminality' of the charged offense. The court also affirms the District Court's handling of an ambiguous jury note, concluding it did not lead to an improper conviction.
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This page from a legal document discusses whether a constructive amendment to an indictment occurred during a trial. The court concludes that neither the Government's evidence, including Jane's testimony, nor an ambiguous jury note constituted such an amendment. The court agrees with the lower District Court, finding that its jury instructions properly captured the "core of criminality" of the charged offense.
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This legal document, a page from a court filing, discusses whether a constructive amendment to an indictment occurred. The court concludes that evidence presented by the Government, including a witness named Jane's testimony, and a subsequent jury note did not constitute a constructive amendment. The document affirms the District Court's jury instructions regarding Count Four of the Indictment, finding they correctly captured the 'core of criminality' and were not in error.
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This legal document is a court filing from Case 1:20-cr-00330-PAE, dated April 29, 2022. It addresses the Defendant's argument that her conviction was based on a 'constructive amendment' to the indictment, because a jury note suggested they found her guilty of intending a crime in New Mexico, rather than New York as charged. The court refutes this claim, concluding there is no 'substantial likelihood' that the Defendant was convicted of an offense different from the one in the indictment.
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