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· 9/18/1997

United States v. Kenneth Wozniak

Citations

  • 126 F.3d 105
  • 1997 U.S. App. LEXIS 25025
  • 1997 WL 574715

How courts have described this case

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

  • finding constructive amendment, vacating judgment, and remanding for a new trial \should the government decide to reprosecute\
  • finding constructive amendment because “[t]he government’s sparse evidence of [the defendant’s] involvement in cocaine and the court’s jury charge . . . allowed the jury to convict [the defendant] of offenses based on transactions not charged.”
  • “The operative facts were the same even if the 5 prosecution failed to realize that the controlled substance in the transaction charged was cocaine rather than heroin. . . . Therefore, the defendants were aware of the ‘core of criminality’ which was to be proved at trial.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Meskill, Jacobs, Leval

Read full opinion on CourtListener

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.