· 6/28/2012
United States v. Juan Jara-Favela
Citations
- 686 F.3d 289
- 2012 WL 2430478
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that no construc- tive amendment occurred, even though the indictment charged the defendant with using a different term than the one the government proved he used, because in context the two terms meant the same thing
- noting the possible role of the Secretary of the Department of Homeland Security in the fourth element of this offense
- explaining reversal warranted only when difference between indictment and jury instruction allows “defendant to be convicted of a separate crime from the one for which he was indicted” (citation omitted)
- “We ‘scrutinize any difference between an indictment and a jury instruction’ and ‘will reverse only if that difference allows the defendant to be convicted of a separate crime from the one for which he was indicted.’”
- “We ‘scrutinize any difference between an indictment and a jury instruction’ and ‘will reverse only if that difference allows the defendant to be convicted of a separate crime from the one for which he was indicted.’”
- reviewing a preserved constructive amendment claim de novo
Source: CourtListener parenthetical corpus (CC0).
Judges: Smith, Garza, Southwick
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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