United States v. Kenneth Lamar Madden

How courts have described this case

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

• holding that plain-error review applies “where the defendant fails to object to a constructive amendment”
• finding that defendant was prejudiced by construc‐ tive amendment because court could not conclude “‘with cer‐ tainty’ that with the constructive amendment, [defendant] was convicted solely on the charge made in the indictment”
• reviewing for plain error a defendant’s argument on appeal that the district court’s jury instruction constructively amended the charged of- fense
• “For a plain error to have occurred, the error must be one that is obvious and clear under current law.” (citation omit- ted)
• “[O]ur prior precedent is no longer binding once it has been substantially undermined or overruled by . . . Supreme Court jurisprudence.” (quotation omitted)
• \[O]ur prior precedent is no longer binding once it has been substantially undermined or overruled by ... Supreme Court jurisprudence.\

Source: CourtListener parenthetical corpus (CC0).