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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)

Conviction reversed because the indictment charged the defendant with cocaine and methamphatimine distribution, but the evidence showed only marijuana use.

This is another one of those rare cases in which a conviction was vacated because of an impermissible constructive amendment of an indictment. The defendant was indicted for illegal distribution ...

 

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