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· 6/4/2004

United States v. Leon Combs

Citations

  • 369 F.3d 925
  • 2004 U.S. App. LEXIS 10949
  • 2004 WL 1225618

How courts have described this case

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

  • holding that a constructive amendment had occurred where the jury instructions mixed elements of two distinct offenses
  • holding that a constructive amendment had occurred where the jury instructions mixed elements of two distinct offenses
  • holding that a constructive amendment occurred where the jury instruction broadened the scope of liability from “possession” of a firearm to “use” of a firearm
  • concluding that “ ‘in furtherance of ... requires the government to prove ... that the firearm’s presence in the vicinity of the crime was something more than mere chance or coincidence”
  • emphasizing that where the constitutional rights at issue “are not threatened, rules governing indictments should not be applied in such a way as to defeat justice fairly administered”
  • noting that “possession of a firearm during and in relation to a drug trafficking crime” is not a chargeable offense

Source: CourtListener parenthetical corpus (CC0).

Judges: Batchelder, Cook, Siler

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.