· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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