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· 4/5/1984

United States v. Arthur Nathaniel Young

Citations

  • 730 F.2d 221
  • 1984 U.S. App. LEXIS 23832

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that “constructive amendments of the indictment ... are reversible per se, and variances ... are evaluated under the harmless error doctrine.”
  • holding “interstate or foreign commerce” was a “unitary” concept in 18 U.S.C. § 922(h)(1)
  • where court inferred that defense strategy was to seek an acquittal based on the discrepancy between the indictment and the evidence, defendant could not claim any prejudicial lack of notice
  • “[C]ourts distinguish between constructive amendments of the indictment, which are reversible per se, and variances between indictment and proof, which are evaluated under the harmless error doctrine.”
  • “Mr. Young was not indicted for receiving one particular firearm and then convicted for receiving another. The factual basis for the indictment is identical to that for the conviction .... Stirone [is] not applicable.”
  • \The particular predicate for jurisdiction is an essential element of any offense.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Wisdom, Reavley, Higginbotham

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.