Can Epps avoid a finding that he did not possess the handgun specified in the indictment under section 924(c) of the Civil Rights Act?
MultiRegion, United States of America
The following excerpt is from United States v. Epps, No. 17-147 (2nd Cir. 2018):
grand jury's indictment.'" Agrawal, 726 F.3d at 259 (quoting United States v. Frank, 156 F.3d 332, 337 (2d Cir. 1998)). This Epps cannot do, because the district court's instructions clearly required the jury to find that Epps possessed the revolver specified in the indictment in order to convict Epps for violations of 924(c) and 922(g).1
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