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U.S. v. Wozniak, No. 96-1636, No. 1593 (2nd Cir.) (126 F.3d 105) (September 18, 1997) (Judge Thomas J. Meskill)

Case held that an instruction permitting the jury to convict on the basis if marijuana evidence, when the indictment alleged only concaine and speed, was an impermissible constructive amendment of the indictment.

 

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