Punch and Jurists

U.S. v. Sakoc, No. 2;13-CR-106 (D.Vt.) (115 F.Supp.3d 475) (June 30, 2016) (Judge William K. III Sessions) by This is a rare decision in which a Federal judge actually granted a defendant’s motion for a new trial based on a constructive amendment of his indictment that occurred because Government introduced …

U.S. v. D'Amelio, No. 09-2541-cr (2nd Cir.) (683 F.3d 412) (June 13, 2012) (Judge Peter W. Hall) by In the government's appeal of a vacated conviction for of attempted sexual enticement of a minor, pursuant to 18 U.S.C. § 2422(b), on grounds that the jury instructions constructively amended the indictment, …

Stirone v. U.S., No. 35 (U.S. Supreme Court) (361 U.S. 212; 80 S.Ct. 270) (January 11, 2060) (Justice Black) by In this case, the government charged that the defendant violated the Hobbs Act (18 U.S.C. § 1951(a)) by interfering with the transport of sand into Pennsylvania, and the indictment specified …

U.S. v. Manning, No. 96-1797 (6th Cir.) (142 F.3d 336) (April 17, 1998) (Judge Leroy J. Jr. Contie) by Here the Court explained: "A constructive amendment to the indictment occurs when "the terms of the indictment are in effect altered by the presentation of evidence and jury instructions which so …

U.S. v. Fletcher, No. 96-20383 (5th Cir.) (121 F.3d 187) (August 25, 1997) (Judge John M. Jr. Duhé) by The defendant was charged in his indictment with bank robbery in violation of 18 U.S.C. § 2113(a); but when the court instructed the jury it also included elements of a § …

U.S. v. Reyes, No. 95-20281 (5th Cir.) (102 F.3d 1361) (December 19, 1996) (Judge Fortunato P. Benavides) by One of the significant features of this case was a rare, albeit reluctant, finding by the Court that the trial judge had constructively amended the indictment by modifying an essential element of …

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