Whether a constructive amendment occurred at trial when the court found defendant guilty of multiple marriages, a charge not on the indictment, and whether this constitutes a double jeopardy violation as the government can later bring a new charge for polygamy

QUESTION(S) PRESENTED WHETHER A CONSTRUCTIVE AMENDMENT OCCURED AT TRIAL WHEN THE COURT FOUND DEFENDANT GUILTY OF MULTIPLE MARRIAGES, A CHARGE NOT ON , THE INDICTMENT, AND WHETHER THIS CONSTITUTES A DOUBLE JEOPARDY VIOLATION AS THE GOVERNMENT CAN LATER BRING A NEW CHARGE FOR POLYGAMY. . : CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED _ Fifth Amendment of the Constitution against double jeopardy or multiple prosecutions. ~ Constructive amendment claim, where the indictment is altered.to change the elements of the offense charged, such that the defendant is actually convicted of a crime other than that is charged in hte the.indictment. ~ Fed. R. Civ. P. 60(b) (6) Fed. R. Civ. P. 52(a) . 5 U.S.C.S.§704 ;