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· 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 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.