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U.S. v. Floresca, No. 92-5447 (4th Cir.) (38 F.3d 706) (October 27, 1994) (Judge Kenneth K. Hall)

Holding it would be "intolerably unfair" to deprive a defendant of the grand jury's protection, the Court ruled that Stirone v. U.S., 361 U.S. 212 (1960) demands reversal of a conviction when a constructive amendment of an indictment has occurred.

 

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