What is a constructive amendment to an indictment under section 922(g) of the Criminal Code?
MultiRegion, United States of America
The following excerpt is from US v. Alvarez, 972 F.2d 1000 (9th Cir. 1992):
A constructive amendment of an indictment occurs when the evidence produced at trial supports a crime other than that charged in the indictment. See United States v. Pisello, 877 F.2d 762, 765 (9th Cir.1989). Because we have previously held that the "in and affecting commerce"
[972 F.2d 1004]
language of 922(g) is a unitary concept encompassing both interstate and foreign commerce, evidence that the firearm traveled in foreign commerce did not prove a different crime than the one charged in the indictment, and therefore there was no constructive amendment. See Young, 730 F.2d at 224-25.[972 F.2d 1004]
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