Skip to main content
· 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 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.