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· 6/17/1994

United States v. Randall Ray Willoughby

Citations

  • 27 F.3d 263
  • 1994 U.S. App. LEXIS 15001
  • 1994 WL 265161

How courts have described this case

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

  • stating that the indictment determines \[w]hat becomes essential to a charged offense in a particular case\
  • “The discrepancy here is more than a simple matter of semantics unrelated to the substance of the offense charged.”
  • \since no evidence linked the gun to Willoughby's actual distribution of cocaine . . . the weapons conviction could only have been based upon a\ theory not charged in the indictment
  • “ ‘To wit’ is an expression of limitation which, as our cases indicate, makes what follows an essential part of the charged offense.”
  • “ ‘To wit’ is an expression of limitation which, as our cases indicate, makes what follows an essential part of the charged offense.”
  • It “is important to note that not all variations in proof that contradict or supplement verbiage in the indictment rise to the level of constructive amendments.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bauer, Flaum, Easterbrook

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.