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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Criminal Law: Indictment – Constructive Amendment – Sufficiency Of Evidence

Criminal Law: Indictment – Constructive Amendment – Sufficiency Of Evidence

U.S. v. Gavin (MLW No. 59740/Case No. 08-3342 - 9 pages) (U.S. Court of Appeals, 8th Circuit, Rosenbaum, J.) Even though jury instructions on a witness-tampering charge added the element of intimidation and thus constructively amended the indictment against a defendant, the amendment was not plain error because there was no reasonable probability that the defendant ...
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