Whether a constructive amendment and/or material variance of the indictment occurs when a court instructs the jury for the first time — during its deliberations ~ that it can find a defendant guilty of a theory that was not sufficiently developed in the indictment or argued by the prosecution during the trial

QUESTIONS PRESENTED FOR REVIEW d., Whether a constructive amendment and/or material variance of the indictment occurs when a court instructs the jury for the first time — during its ‘ deliberations ~ that it can find a defendant guilty of a theory that was not sufficiently ‘ developed in the indictment or argued by the prosecution during the trial. | 2. Whether the Fifth Amendment right against self-incrimination prohibits a court from considering a defendant’s lack of remorse during a sentencing hearing. ii B. PARTIES INVOLVED | The parties involved are identified in the style of the case. iii | i C.