· 12/9/1992
United States v. Pedro Martinez (91-1908) and Virginia Escamilla (91-2131)
Citations
- 981 F.2d 867
- 37 Fed. R. Serv. 748
- 1992 U.S. App. LEXIS 32153
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an indictment sufficiently notifies the defendant of the pending charges when it cites to the appropriate statutory provisions
- finding that the indictment was constitutional even though it failed expressly to allege willfulness, but it did cite to the appropriate statutory provisions
- holding an indictment sufficient because it cited the relevant statute, even where the scienter element was missing
- noting that failure to allege scienter does not necessarily render the indictment deficient
- “A variance occurs when the evidence offered at trial differs materially from the charge in the indictment.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Jones, Siler, Brown
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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