· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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