constructive-amendment

55 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6819 Brandon Prawl v. United States Second Circuit 2026-02-13 Pending IFP appellate-review constructive-amendment criminal-indictment due-process fifth-amendment sixth-amendment Does a conviction for a crime different from the one originally indicted contravene a defendant's Fifth and Sixth Amendment rights?
25-6464 Djonibek Rahmankulov v. United States Second Circuit 2025-12-31 Pending IFP bank-fraud co-conspirator-liability constructive-amendment criminal-procedure loss-calculation sentencing-guidelines Whether the district court erred in its loss calculation under the Sentencing Guidelines by including intended losses and losses attributed to alleged…
25-5328 Ayana Saunders v. United States Sixth Circuit 2025-08-12 Denied Response WaivedIFP constructive-amendment indictment sixth-circuit trial-procedure variance venue Whether the Sixth Circuit Court of Appeals erred in finding that the proof at trial did not result in a Constructive Amendment or Variance from the In…
24-7429 Randy Torres v. United States Second Circuit 2025-06-16 Denied Response WaivedIFP apprendi-standard circuit-split constructive-amendment racketeering-conspiracy sentencing-enhancement special-sentencing-factor Whether the district court's final jury instruction for the Special Sentencing Factor violated Apprendi v. New Jersey and constructively amended the i…
24-7349 Reymundo Arredondo v. United States Ninth Circuit 2025-06-03 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-split constructive-amendment criminal-procedure essential-elements indictment statutory-interpretation When a criminal offense can be committed in a variety of ways, does a prosecutor constructively amend an indictment by altering the essential elements…
24-5829 Ricky Donnell Abner v. United States Fourth Circuit 2024-10-25 Denied Response WaivedIFP constructive-amendment criminal-procedure drug-trafficking due-process geographical-location section-924c Whether a §924(c) 'Possession In furtherance of' offense requires geographical location proof when possession is alleged to have occurred simultaneous…
23-6103 Alvin Celius Andre v. United States Eleventh Circuit 2023-11-22 Denied Response WaivedIFP burden-of-proof constructive-amendment criminal-law criminal-procedure due-process entrapment entrapment-defense prosecutorial-misconduct statutory-interpretation Does a constructive amendment occur when the government substitutes Congress's intended object of the actus reus of 18 U.S.C. § 2422(b), 'any individu…
23-5390 Neeraj Chopra v. United States Eighth Circuit 2023-08-18 Denied Response WaivedIFP constructive-amendment criminal-procedure due-process essential-elements indictment indictment-modification jury-instruction jury-instructions sexual-assault sexual-contact statutory-interpretation Whether a jury instruction constructively amends an indictment by modifying the essential elements of the offense charged
23-5292 Carlos Arturo Patino Restrepo v. United States Second Circuit 2023-08-04 Denied Response WaivedIFP conspiracy constructive-amendment criminal-procedure due-process indictment jury-instructions prosecutorial-discretion Whether a district court's conspiracy instructions that remove any mention of a specific group from the overall conspiratorial agreement constitute a …
23-5213 Deangelo Devon Grant v. United States Sixth Circuit 2023-07-26 Denied Response WaivedIFP constructive-amendment criminal-procedure due-process indictment indictment-interpretation judicial-discretion methamphetamine methamphetamine-weight sentencing-guidelines Does utilizing a provision of the United States Sentencing Guidelines for 'actual' weight of methamphetamine, rather than the charged offense of 'mixt…
23-5042 Daniel Robinson v. United States Third Circuit 2023-07-05 Denied Response WaivedIFP conspiracy constructive-amendment criminal-procedure due-process federal-rule-of-evidence fifth-amendment grand-jury law-enforcement-testimony opinion-evidence prosecutorial-overreach Whether this Court's guidance on constructive amendments in conspiracy cases is necessary to protect criminal defendants' Fifth Amendment rights
22-7621 Jerry Elkins v. United States Eighth Circuit 2023-05-23 Denied Response WaivedIFP civil-rights constructive-amendment criminal-procedure due-process federal-jurisdiction fraud-on-the-court hazel-atlas-fraud interstate-commerce jury-instructions rico-violation Whether the convictions were proper due to lack of federal jurisdiction
22-7415 Ricky Pendleton v. Donald Ames, Superintendent, Mt. Olive Correctional Center West Virginia 2023-05-01 Dismissed Response WaivedRelisted (2)IFP constructive-amendment due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel notice pro-se res-judicata Whether the State courts's doctrine of res judicata was applied adequately after it summarily denies Pendleton's pro se filings of the successive habe…
22-7242 In Re Henry Jones 2023-04-07 Denied Response WaivedIFP civil-rights collateral-attack constitutional-violations constructive-amendment denial-of-counsel due-process extraordinary-writ fraud jurisdiction sentencing trial-record-falsification Whether Jones' sentence and conviction were unconstitutionally imposed due to numerous constitutional violations by the district court
22-5976 Ricky Pendleton v. Donnie Ames, Superintendent, Mount Olive Correctional Complex West Virginia 2022-11-04 Dismissed Response WaivedIFP constructive-amendment criminal-procedure double-jeopardy fifth-amendment grand-jury ineffective-assistance-of-counsel ineffective-counsel jurisdiction malicious-assault robbery sixth-amendment Question not identified
21-7923 Charles K. Topping and J. W. Long, aka James Wayne Long v. United States Eleventh Circuit 2022-05-20 Denied Response WaivedIFP constructive-amendment criminal-procedure due-process essential-element fraud-scheme jury-instructions prosecutorial-misconduct theory-of-defense Where the district court's instructions to the jury in a criminal case provide—as part of the theory of defense instruction—an explanation of an essen…
21-7624 Wilfredo Lee Lopez v. United States Ninth Circuit 2022-04-14 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-split constructive-amendment criminal-enticement criminal-law due-process fifth-amendment indictment predicate-offense statutory-interpretation Does 18 U.S.C. § 2422(b) require proof of a specific predicate offense?
21-6500 Jermaine Neal v. Mississippi Mississippi 2021-12-03 Denied Response WaivedIFP actual-innocence constructive-amendment criminal-investigation due-process false-confession fifth-amendment fourteenth-amendment perjury self-incrimination sixth-amendment When a citizen of the United States becomes a suspect in a criminal investigation for homicide and is induced to give false statements, does the due-p…
21-5868 Ryan Russell Parks, aka Dinero v. United States Fourth Circuit 2021-10-04 Denied Response WaivedIFP amendment constitutional-rights constructive-amendment criminal-procedure due-process fair-trial indictment ineffective-assistance post-conviction-relief variance As the amended charge of 'SQ' (33) a constructive amendment?
21-243 James Warner v. United States Sixth Circuit 2021-08-18 Denied bribery-statute constructive-amendment criminal-procedure indictment indictment-modification jury-instruction jury-instructions plain-error substantial-rights Whether the constructive amendment of an indictment by an erroneous jury instruction, stating that conspiracy counts alleged agreements to violate a d…
20-8184 Ronald Centeno v. United States Fourth Circuit 2021-06-01 Denied Response WaivedIFP 18-usc-924c 5th-amendment 6th-amendment constructive-amendment mens-rea specific-intent whether-aiding-and-abetting-can-be-submitted-to-jury-when-not-charged
20-1586 Artavis Desmond McGowan v. United States Eleventh Circuit 2021-05-14 Denied Response Waived conspiracy constructive-amendment criminal-procedure drug-conviction evidence first-step-act mandatory-minimum sentencing sentencing-relief wiretap wiretap-evidence Whether the district court erred in denying the defendant's motion for a new trial based on a constructive amendment of the indictment
20-7820 Michael J. Little v. United States Second Circuit 2021-04-22 Denied IFP constructive-amendment criminal-intent criminal-procedure due-process foreign-accounts green-card-holder indictment second-circuit stirone-v-united-states tax-reporting willful-violation Whether the indictment was constructively amended to add additional undeclared 'overseas' accounts
20-7468 Aaron Feazell v. United States District of Columbia 2021-03-16 Denied Response WaivedIFP civil-protection-order constructive-amendment criminal-procedure due-process fifth-amendment fundamental-fairness notice variance variance-doctrine Whether there is sufficient evidence to satisfy Due Process and to convict the defendant for disobeying the hundred (100) yard provision of the order,…
20-7082 Edward Bishop v. United States Seventh Circuit 2021-02-08 Denied Response WaivedIFP 6th-amendment 924(c)-prosecution constitutional-violation constructive-amendment deficient-performance drug-trafficking-crime due-process habeas-corpus indictment-defect ineffective-assistance-of-counsel prejudice vagueness-challenge Whether Trial Counsel's performance was deficient and whether any errors were prejudicial?
20-584 Michael Wood, et ux. v. United States Third Circuit 2020-11-03 Denied Response Waived conspiracy-charges conspiracy-to-commit-immigration-offenses constructive-amendment criminal-procedure first-amendment immigration-law prejudicial-variance statute-of-limitations yates-v-united-states Whether Defendants' conviction for conspiracy to commit immigration offenses is legally invalid pursuant to Yates v. United States, 354 U.S. 298 (1957…
20-5962 Erik Diaz-Colon v. United States First Circuit 2020-10-08 Denied Response WaivedIFP civil-rights-conspiracy constitutional-rights constructive-amendment deprivation-of-rights ineffective-assistance plea-agreement right-to-testify trial-counsel Whether petitioner's trial counsel rendered ineffective assistance
20-401 Devan Pierson v. United States Seventh Circuit 2020-09-28 Denied circuit-split constructive-amendment criminal-procedure fifth-amendment grand-jury grand-jury-clause plain-error prejudice rule-52b substantial-rights What test should be used to determine prejudice from a constructive amendment under Rule 52(b)?
20-5620 Ivan Soto-Barraza and Jesus Lionel Sanchez-Meza v. United States Ninth Circuit 2020-09-09 Denied Response WaivedIFP consent conspiracy constructive-amendment criminal-procedure extortion hobbs-act jury-instructions robbery Can a conviction for conspiracy to commit robbery and attempted interference with commerce by robbery stand if the jury was instructed on the elements…
20-5540 Ugunda Giovanni Sanders v. United States Sixth Circuit 2020-08-31 Denied Response WaivedIFP conspiracy-charge constructive-amendment double-jeopardy due-process fifth-amendment grand-jury plea-agreement plea-bargaining prosecutorial-discretion relevant-conduct Did the Government violate Sanders's rights under the Fifth Amendment to have a grand jury consider the charge and to have the Government honor its im…
20-5287 In Re Eddie Allen Jackson 2020-08-06 Denied IFP constructive-amendment criminal-procedure due-process fifth-amendment grand-jury indictment indictment-modification judicial-error Whether the district court constructively amended the indictment in petitioner's case and if so does it rise to a Fifth Amendment violation?
19-1362 Jason Laut v. United States Seventh Circuit 2020-06-11 Denied circuit-split constructive-amendment criminal-procedure fifth-amendment grand-jury-clause plain-error prejudice rule-52b substantial-rights What test should be used to determine whether a constructive amendment impacted a defendant's substantial rights?
19-8331 Jose A. Rodriguez v. Thomas Griffin, Superintendent, Green Haven Correctional Facility Second Circuit 2020-04-22 Denied IFP constitutional-error constructive-amendment criminal-procedure due-process felony-offense grand-jury indictment ineffective-assistance penal-law right-to-counsel Whether the State Court constructively amended the indictment
19-7653 Roosevelt Bigbee, Jr. v. Jonathan Lebo, Warden Tennessee 2020-02-12 Denied Response WaivedIFP 5th-amendment constructive-amendment conviction criminal-attempt criminal-procedure due-process felony-murder indictment plea-agreement robbery statute testimony Whether the admission of the Plea agreement testimony evidence, of felony murder in the perpetuation of a robbery violated Tenn. Code Ann. § 39-12-101…
19-7330 Michael P. Haldorson v. United States Seventh Circuit 2020-01-17 Denied Response WaivedIFP 18-usc-844h2 constructive-amendment criminal-procedure due-process grand-jury indictment statutory-interpretation stirone-v-united-states Whether a conviction under 18 U.S.C. § 844(h)(2) for carrying an 'explosive, namely, smokeless powder' can be based on the prosecution's argument that…
19-7070 Gary R. Tomey, II v. United States Eleventh Circuit 2019-12-27 Denied Response WaivedIFP constructive-amendment criminal-procedure due-process fifth-amendment indictment jury-instructions material-variance self-incrimination sentencing sentencing-hearing Whether a constructive amendment and/or material variance of the indictment occurs when a court instructs the jury for the first time — during its del…
19-6760 Ijaz Khan v. United States Fourth Circuit 2019-11-26 Denied Response WaivedIFP administrative-procedure-act constructive-amendment criminal-procedure double-jeopardy federal-rules-of-civil-procedure fifth-amendment indictment indictment-modification polygamy polygamy-charge Whether a constructive amendment occurred at trial when the court found defendant guilty of multiple marriages, a charge not on the indictment, and wh…
19-6581 Javier Leon v. United States Eighth Circuit 2019-11-12 Denied Response WaivedIFP constitutional-rights constructive-amendment criminal-procedure due-process fourth-amendment ineffective-assistance material-variance methamphetamine-charge search-and-seizure Whether counsel's failure to subject the government's case to strict adversarial testing, by reason of a fickle, bare-bones 'mere presence' theory of …
19-6418 Wayne Neville Morris v. United States Ninth Circuit 2019-10-29 Denied Response WaivedIFP certificate-of-appealability constructive-amendment criminal-procedure criminal-procedure-error due-process fatal-variance fifth-amendment modified-categorical-approach rule-of-lenity sixth-amendment Whether a conviction based on an erroneous legal theory can be sustained when the petitioner presents clear and convincing evidence that the accused, …
19-5722 Moses Shepard v. United States Ninth Circuit 2019-08-28 Denied Response WaivedRelisted (2)IFP 30-70-day-clock circuit-split constructive-amendment due-process grand-jury-clause indictment-clause plain-error speedy-trial-act subsequent-indictment superseding-indictment Whether a 'subsequent replacement indictment' restarts the Speedy Trial Act clock or if 'superseding' indictments are automatically excluded
19-5669 Matthew Davis v. United States Eighth Circuit 2019-08-22 Denied Response WaivedIFP conspiracy conspiracy-to-distribute constructive-amendment criminal-procedure due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instructions Whether Petitioner is entitled to further consideration on his initial motion under 28 U.S.C. 2255 that his trial counsel was ineffective for failing …
18-9829 Herve Wilmore, Jr. v. United States Eleventh Circuit 2019-06-27 Denied Response WaivedRelisted (2)IFP appeal appellate-review constructive-amendment criminal-procedure due-process fifth-amendment grand-jury-clause judicial-review Did the Court of Appeals affirm a Constructive Amendment, which requires reversal per se?
18-9723 Jennifer Cardenas v. United States Second Circuit 2019-06-19 Denied Response WaivedIFP constructive-amendment due-process false-statements indictment indictment-specificity jury-instruction statutory-interpretation variance visa-fraud Whether an indictment charging visa-fraud must specify the allegedly-false-statements and include factual-allegations to establish their-falsity
18-9030 Juan Reyes Rivera v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-04-29 Denied IFP confrontation-rights constructive-amendment due-process fifth-amendment grand-jury grand-jury-clause indictment ineffective-assistance Did trial counsel render ineffective assistance for failure to quash or dismiss Constructive, Amended Indictment, amended by the court on third day af…
18-8854 Steve Zinnel v. United States Ninth Circuit 2019-04-16 Denied Response WaivedIFP bankruptcy-fraud bankruptcy-schedules constructive-amendment due-process fifth-amendment fourteenth-amendment judicial-fact-finding sentencing-guidelines sixth-amendment stirone-v-united-states wamu-personal-checking-account Whether there was an unconstitutional constructive amendment or prejudicial variance
18-8673 Jamael Stubbs v. United States Third Circuit 2019-04-02 Denied Response WaivedIFP 133 S.Ct. 2151 (2013) 6th-amendment alleyne-precedent alleyne-v-united-states constructive-amendment due-process ineffective-assistance sentencing sentencing-challenge sixth-amendment trial-counsel Whether trial counsel rendered ineffective assistance
18-7215 Salih Zeki Uces v. United States Eleventh Circuit 2019-01-02 Denied Response WaivedIFP constructive-amendment criminal-procedure due-process fifth-amendment indictment-amendment international-kidnapping international-parental-kidnapping jury-instructions mens-rea parental-rights Whether the Eleventh Circuit violated Mr. Uces's rights under the Fifth Amendment
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 Whether appellate counsel was grossly ineffective by arguing a material variance instead of a constructive amendment
18-6800 Robert Ryan Powell v. United States Ninth Circuit 2018-11-26 Denied Response WaivedIFP constructive-amendment double-jeopardy fifth-amendment grand-jury indictment jury-instructions jury-unanimity plain-error sixth-amendment statute-of-limitations Where jury instructions lack the dates and timeframes specified in the indictment, do the jury instructions constructively amend the indictment, and t…
18-6754 Domonic McCarns v. United States Ninth Circuit 2018-11-20 Denied Response WaivedIFP constructive-amendment criminal-procedure harmless-error indictment plain-error-review speedy-trial-act statutory-interpretation Whether Cryptic Letter, Number Codes are Sufficient to Satisfy the Speedy Trial Act Requirement that Reasons Justifying Delay of a Criminal Trial Must…
18-6676 Herve Wilmore, Jr. v. United States Eleventh Circuit 2018-11-13 Denied Response WaivedRelisted (2)IFP constructive-amendment criminal-procedure due-process effective-assistance-of-counsel fifth-amendment grand-jury indictment wire-fraud Whether Mr. Wilmore's right to be tried on charges accepted by a grand jury, and Mr. Wilmore's right to effective assistance of counsel, were violated…
18-6576 Susan Kevra-Shiner v. United States Third Circuit 2018-11-06 Denied Response WaivedIFP constructive-amendment criminal-procedure due-process fraud fraud-allegations indictment indictment-scope jury-instructions prosecutorial-misconduct verdict-slip Can a well written verdict slip cure the confusion created when the Government's Closing Argument and the Court's Jury Instructions constructively ame…
18-6298 Robert Alan Fratta v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-10-11 Denied Relisted (2)IFP capital-punishment civil-rights constitutional-rights constructive-amendment due-process fatal-variance habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jackson-review miscarriage-of-justice pro-se-representation right-to-counsel standing sufficiency-of-evidence Is it unconstitutional for a U.S. Court of Appeals to accept, sanction or make decisions that allow state courts to refuse to accept meritorious issue…
18-5748 Rory Allen Meeks v. United States Eighth Circuit 2018-08-27 Denied Response WaivedIFP alleyne-v-united-states appellate-review constructive-amendment criminal-procedure drug-offense drug-offenses jury-instructions mccoy-v-louisiana mens-rea sentencing sixth-amendment Whether reasonable jurists might debate the application of Alleyne and Apprendi to mens rea and constructive amendment
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 Whether a constructive amendment occurred when the jury instructions and government's closing argument allowed conviction for armed bank robbery witho…