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