indictment-variance
6 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24-5030 | Lani Lucas Limane, aka Lukasz Chad Limane v. United States | Fifth Circuit | 2024-07-09 | Denied | Response WaivedIFP | aggravated-identity-theft criminal-procedure criminal-procedure-error identity-theft indictment indictment-variance plain-error plea-bargaining plea-colloquy predicate-offense rule-11 | Was it plain error for a District Court to convict Petitioner on his plea of guilty to a crime never charged in the governing Indictment? When the su… |
| 20-1460 | Rolando Cruz, Jr. v. United States | Third Circuit | 2021-04-16 | Dismissed | Response Waived | appellate-review conspiracy criminal-procedure evidence evidence-standard indictment indictment-variance rico-conspiracy third-circuit united-states-v-rowe | I. WHETHER IT WAS ERROR FOR THE THIRD CIRCUIT TO JUSTIFY AFFIRMANCE OF THE RICO CONSPIRACY CONVICTIONS ON THE BASIS OF EVIDENCE PROVING SOMETHING QUIT… |
| 19-7779 | Freddy Garcia v. Texas | Texas | 2020-02-26 | Denied | IFP | constitutional-error criminal-procedure due-process due-process,criminal-procedure,constitutional-erro harmless-error indictment indictment-variance jury-conviction jury-trial standard-of-review | A jury convicted Freddy Garcia for a felony arising from a different incident than the one for which he was indicted. The State gave no pretrial notic… |
| 19-5114 | Jovanny Rodriguez v. United States | Second Circuit | 2019-07-09 | Denied | Response WaivedIFP | alibi due-process evidence fifth-amendment indictment indictment-variance interstate-commerce jury-finding jury-instructions sixth-amendment supreme-court-precedent trial variance | 1) Petitioner was convicted and sentenced without having an opportunity to establish an alibi due to a variance between the indictment and evidence at… |
| 18-6855 | Antonio DeJesus Perez-Martinez v. United States | Sixth Circuit | 2018-11-28 | Denied | Response WaivedIFP | appellate-review constitutional-challenge constructive-amendment criminal-procedure due-process equal-protection indictment indictment-variance ineffective-assistance ineffective-assistance-of-counsel plea-bargaining proportionality sentencing sentencing-proportionality sentencing-reasonableness | APPELLATE COUNSEL WAS GROSSLY INEFFECTIVE, BY ARGUING A MATERIAL VARIANCE IN THE INDICTMENT, INSTEAD OF THE MORE EGREGIOUS CONSTRUCTIVE AMENDMENT OF T… |
| 18-5464 | Jose Benitez, Jr. v. United States | Eleventh Circuit | 2018-08-03 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | armed-bank-robbery closing-argument constructive-amendment criminal-procedure due-process firearm firearm-specification indictment indictment-variance jury-instructions prosecutorial-discretion variance | 1. Does a constructive amendment occur where the jury instructions relieve the Government of proving, as alleged in the indictment, that a defendant c… |