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Second Circuit· 10/29/2014

United States v. Bastian

Citations

  • 770 F.3d 212
  • 2014 U.S. App. LEXIS 20752
  • 2014 WL 5462420

How courts have described this case

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

  • requiring only notice of “essence of the crime” charged and explaining that “discrepancies in the particulars of how a defendant effected the crime do not constructively amend the indictment” (brackets and internal quotation marks omitted)
  • “Denying relief even for plain errors where a defendant deliberately provokes a procedural irregularity, the invited error doctrine seeks to avoid rewarding mistakes stemming from a defendant's own ‘intelligent, deliberate course of conduct’ in pursuing his defense.”
  • applying plain error analysis to an unpreserved claim of constructive amendment
  • declining to find plain error where Second Circuit caselaw suggested that the circumstances at issue did not amount to a constructive amendment; given this uncertainty, “[a] handful of” conflicting out-of-Circuit cases addressing the issue could not establish plain error
  • “Because the operative legal question is unsettled, we cannot conclude that [the defendant’s] conviction . . . plainly violated [the Constitution].” (internal quotation marks and citation omitted)
  • “We have consistently permitted significant flexibility in proof adduced at trial to suppor a defendant’s conviction’ provided that the defendant was given notice of the core criminality to be | | proven against him.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Katzmann, Lynch, Sack

Read full opinion on CourtListener

Cited by

25 cases in this archive cite this case; the 20 most cited are listed.

Cites

57 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named United States v. Bastian

8 other CourtListener records share this case name.

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.