United States v. Derrick Vincent Redd

How courts have described this case

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

• finding no constructive amendment where evidence confirmed use of “silver” revolver, rather than “black” revolver, during specific sequence of robberies
• rejecting defendant’s claim that his defense was impaired where the indictment described a “black revolver” but evidence showed the gun was silver because “[wjhether the gun was black or silver is irrelevant to the question of whether one was used during the robbery.”
• characterizing as “irrelevant” to the crime of bank robbery whether the defendant used a black revolver as charged in the indictment or a silver handgun as shown at trial because the type of firearm was not an essential element of the crime charged
• “Because the type of firearm is not an essential element of the crime charged, the government merely had to produce evidence at trial from which the jury could find beyond a reasonable doubt that Defendant had used a firearm during the robbery....”
• “Eyewitness testimony is sufficient to prove that a person used a firearm.”
• no constructive amendment occurred where the indictment charged the defendant with possessing a black revolver whereas the evidence at trial showed it was silver, because the type of firearm was not an essential element of the crime charged

Source: CourtListener parenthetical corpus (CC0).