United States v. Enrique M. Salinas

How courts have described this case

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

• explaining that the actions of a prosecutor or a court may constructively amend an indictment
• holding that the trial court’s instructions expanded the indictment
• finding constructive amendment where defendant charged with aiding and abetting bank director’s misappropriation of funds but jury instructed that defendant could be convicted for aiding and abetting any of the bank’s officers
• finding a constructive amendment where the trial evidence showed that the defendant aided and abetted a different bank officer than the one charged and that the charged bank officer had no involvement in the offense
• reversing a conviction for aiding and abetting the misapplication of bank funds where the indictment charged that the defendant aided and abetted a named officer where the jury was allowed to convict on proof that he aided and abetted a different officer
• “[A] variance in the proof justifies reversal only where the defendant has been prejudiced thereby.”

Source: CourtListener parenthetical corpus (CC0).