...“constructive amendment” of an indictment recognized in Maryland and did the Court of Special Appeals properly apply it in this case...“constructive amendment” of an indictment be recognized in Maryland and did the Court of Special Appeals properly apply it in this case? The State filed...addressed the charge of assault with intent to murder, the intermediate appellate court's conclusion that there had been a constructive amendment of the indictment was appropriate. The State cites no authority for this proposition. Petitioner counters that “the ‘constructive amendment’ of an indictment...

...constructive amendment of an indictment as opposed to a variance of an indictment. Stirone v. United States, supra, is the case most often cited by defendants arguing either that a constructive amendment or..., including this circuit. The appellant contends that the rule against a variance or a constructive amendment of an indictment has been frustrated by the government...presentation of the cash fund theory constituted a constructive amendment of the indictment. The fraudulent scheme detailed in the indictment and proved at trial were one and the same; the term "cash fund" was merely used as a shorthand expression for the sum total of the fraudulent transactions comprising the scheme. The cash fund evidence offered at trial did not act as an alternative...

...basis of the admitted possession on October 9, 2001, the District Court constructively amended the indictment. A constructive amendment of an indictment is a direct violation of a defendant's Fifth...date alleged in the indictment and therefore is conduct within the scope of the indictment. Thus there was no constructive amendment, and Harris's argument fails. Harris also argues...constructive amendment of the indictment or fatal variance between the charging instrument and the evidence presented. Accordingly, the judgment of the District Court is affirmed. ...

...substances. Constructive amendment of an indictment is a serious error. This Court has held that constructive amendment of an indictment during the course of a trial is a per se...the words of the indictment and the evidence presented at trial or the instructions given to the jury amounts to a constructive amendment. An alteration of the charge is impermissible only if it...convictions on Count Five of the indictment, on the ground that they were convicted in violation of the Fifth Amendment. Specifically, they argue that Judge Seybert improperly amended the indictment in her...

...), 558 F.2d 330, 8 O.O.3d 307, in which the Sixth Circuit held that a court may not permit constructive amendment of an indictment so as to permit the state to argue and present...terms of the principal offense. Thus, a complicity conviction will be sustained under an indictment solely employing the terms of the principal offense, and an amendment of the indictment is not.... On August 22, 1990, the Ashtabula County grand jury issued an indictment charging appellant with aggravated murder with a firearm specification, in violation of R.C...

...AMENDMENT OF THE INFORMATION With respect to the structuring counts, Pang argues that the information was constructively amended. We review de novo allegations that there was constructive amendment of an indictment, United..., Circuit Judge: Defendant Fred S. Pang was charged in an information, and found guilty by a jury, of five...chair to get records to substantiate his responses. The agents remained seated until the interview was completed, about an hour later. At the conclusion of the interview, the agents gave Pang a list...

.... We likewise reject Moore's argument that the district court constructively amended the indictment. A constructive amendment of an indictment occurs when a jury is allowed to convict a defendant...fails for the same reasons. We also conclude that the court's striking parts of count I did not constitute an amendment of the indictment because the court's action did not expand...of an offense different from or in addition to the offense alleged in the indictment. See United States v. Begnaud, 783 F.2d 144, 147 (8th Cir...

..., 430 U.S. 956, 97 S.Ct. 1601, 51 L.Ed.2d 806 (1977). A constructive amendment of an indictment is prejudicial...another, amounted to a constructive amendment of the indictment. As the Ninth Circuit recently observed in a similar case, "[a]s instructed, the jury could have convicted defendants for a crime for..., cause, and participate in the use of an extortionate means to collect and attempt to collect from Jim Crouch an extension of credit made to Crouch by Roy McMahan. The indictment charged Yeo and McMahan...

...precedent requiring reversal when a district court constructively amends an indictment. See United States v. Fletcher, 121 F.3d 187, 193 (5th Cir.1997) (“Following Olano, this circuit ... concluded that we have discretion to correct a [constructive amendment]—an error that, prior to Olano, would have required reversal per se.”). Because Carroll no longer binds us, we must decide what standard of review...require reversal when a defendant fails to object to the district court's constructive amendment of an indictment, but instead, they apply Olano plain-error review. See...). The footnote does not clearly identify “the standard set forth in Stirone,” but insofar as that standard is that an unobjected-to constructive amendment always requires reversal, Olano controls for the reasons we explained above. Moreover, the Williams language quoted above is dicta—the court concluded that the district court did not constructively amend the indictment and therefore did not reach the issue of whether such an amendment...

.... An indictment is constructively amended when the proof at trial broadens the basis of conviction beyond that charged in the indictment. United States v. Miller, 471 U.S. 130, 144-45, 105 S.Ct. 1811, 1819-20, 85 L.Ed.2d 99 (1985). Constructive amendment of...constructive amendment of the indictment. Count Six of the indictment simply stated that "On or about November 4, 1990, within the Eastern District of New York, the defendants John Patino and Eldery...constructive amendment of the indictment. A variance, unlike a constructive amendment, does not broaden the possible basis for conviction beyond that contained in the indictment...

...AMENDMENT Barrios asserts that the district court's instructions to the jury constructively amended the indictment in violation of his Fifth Amendment right to indictment by grand jury and Sixth Amendment right to due process. Constructive amendment of an indictment...caused a constructive amendment only if they `in effect allowed the jury to convict the defendant of an offense different from or in addition to the offenses alleged in the indictment.'" Id...instructions submitted to the jury constructively amended the indictment in violation of his Fifth and Sixth Amendment rights. Barrios also challenges his sentence, asserting that the district court erred...

...charges of the indictment, thus constituting a constructive amendment of the indictment in violation of the grand jury clause of the fifth amendment. Agreeing, we reverse and remand. Background Zingaro was charged in a superseding indictment with one count of RICO conspiracy, 18 U.S.C. § 1962(d) (1982), and two substantive counts of conducting an illegal...specifically, the issue is whether submission of the "George the Greek" loan to the jury as a basis upon which Zingaro could be convicted for RICO conspiracy constituted a constructive amendment of the indictment or merely a variance in proof at trial. See generally United States v. Weiss, 752 F.2d 777, 786-91 (2d Cir.), cert. denied, 474 U.S. 944, 106 S.Ct. 308, 88 L.Ed.2d 285 (1985). The distinction between an amendment...that the constructive amendment of an indictment is per se violative of the grand jury clause of the fifth amendment; on the other hand...

...citation omitted). This court recognizes two ways that constructive amendment of an indictment occurs. Id. at 615. First, if "there is a complex of facts presented at trial distinctly different from...those set forth in the charging instrument" then a constructive amendment of an indictment may be found. Id. Second, if "the crime charged in the indictment was substantially altered at trial...). Constructive amendment "occurs when the charging terms of the indictment are altered, either literally or in effect, by the prosecutor or a court after the...

...penetration does not constitute an unlawful constructive amendment of the indictment. Id. at 7. The Court agrees. A constructive amendment of an indictment occurs when (1) “there is a...found to be a variance rather than an amendment of the indictment. Id. Only if the variance affects a defendant's substantial rights will it constitute reversible error..., Defendant filed a Motion for Judgment of Acquittal as to Count 3 of the Indictment, pursuant to Federal Rules of Criminal Procedure Rule 29(a). Motion, ECF No...

...Government argues that even if the proof at trial established only anal penetration, proof of anal penetration instead of vaginal penetration does not constitute an unlawful constructive amendment of the indictment. Id. at 7. The Court agrees. A constructive amendment of an indictment..., instead of a complex of facts distinctly different from the indictment, even if that single divergence is materially different, it is generally found to be a variance rather than an amendment of the...of the Indictment, pursuant to Federal Rules of Civil Procedure Rule 29(a). Motion, ECF No. 226. Count 3 of the Indictment charges Defendant with a...

...note the distinction between an actual or constructive amendment of the indictment, which is reversible error per se, and a variance between the indictment and proof, which does not require a reversal if the variance is harmless. See United States v. Yeo, 739 F.2d 385, 387 (8th Cir. 1984). An amendment...found a constructive amendment of an indictment by virtue of the trial court's instructions to the jury, the instructions in effect allowed the jury to convict the defendant of an offense different..., 85 L.Ed.2d 1128 (1941) (same). We therefore conclude that the trial court's instructions to the jury on the elements of wire fraud did not constitute a constructive amendment of the indictment. If, however, a defendant was indicted on charges of making false statements under oath in violation of 18 U.S.C. § 1001, an unconstitutional...

.... Fletcher, 74 F.3d 49, 53 (4th Cir. 1996) ("When a defendant is convicted of charges not included in the indictment, an amendment has occurred which is per se reversible error."); United States v. Hamilton, 992 F.2d 1126, 1130 n. 5 (10th Cir. 1993). Not all variances between an indictment and the proof offered at trial, however, constitute a constructive amendment of an...: The omission of the first digit in a seven digit serial number of a firearm set forth in an indictment does not result in a substantial amendment to the...could be indicted again for the same charges using a silver handgun. However, because we hold that the type of gun is not an essential element of the offense with which Redd was charged, the indictment...

...that because the court did not require proof of money laundering, a constructive amendment of the indictment occurred, requiring reversal of the judgments of conviction. A constructive amendment of an indictment...that the taxes were owed by Louis and Marie Attanasio for the years 1983 and 1984. Because defendants were not "convicted of an offense other than that charged in the indictment," id. at 729 (quoting Hathaway, 798 F.2d at 910), there was no constructive amendment of.... Additionally, LaMagra and Mallon contend that there was a constructive amendment of the indictment and that, as a result, the government did not prove the essential nature of the...

...are reversible per se, and variances between indictment and proof, which are evaluated under the harmless error doctrine. The accepted test is that a constructive amendment of the indictment occurs when the jury is permitted to convict the defendant upon a factual basis that effectively modifies an essential...charged in the indictment. Stirone and Salinas II are not applicable. There is another line of cases more directly relevant. As noted above, a constructive amendment of an indictment occurs...instructions to the jury. We must determine whether this discrepancy constitutes a constructive amendment of the indictment, in which case reversal is required, or whether it constitutes a variance between...

...permitted to make a finding of an element of the crime for which Thomas was convicted — namely, drug quantity. Where a defendant has claimed that he was convicted of a crime other than the crime alleged in the indictment, we have distinguished between a "constructive amendment" of...conclude that the error in this case is more akin to a constructive amendment than a variance. As we observe above, an error resulting in a substantial likelihood that the defendant may have been convicted of an offense other than that charged in the indictment is..., unless on a presentment or indictment of a Grand Jury." U.S. CONST. AMEND. V. Our rule that a constructive amendment is per se prejudicial is grounded in the...