· 5/12/1994
United States v. Wesley Anthony McIntosh
Citations
- 23 F.3d 1454
- 40 Fed. R. Serv. 1096
- 1994 U.S. App. LEXIS 10487
- 1994 WL 178849
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding no constructive amendment where evidence proved possession of different brand of .357 magnum gun than alleged in indictment
- rejecting as too restrictive a definition of \unlawful user\ that requires proof that the defendant \was using the controlled substance at the same time he was in possession of the firearm\
- “Allegations in the indictment that are not necessary to establish a violation of a statute are surplusage and may be disregarded if the remaining allegations are sufficient to charge a crime”
Source: CourtListener parenthetical corpus (CC0).
Judges: Loken, Gibson, Kyle
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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