United States v. D'Amelio, No. 09-2541 (2d Cir. 2012)
Annotate this CaseThe government appealed from the district court's decision vacating defendant's conviction of one count of attempted enticement of a minor and grant of his motion for a new trial under Fed. R. Crim. P. 33. The government argued that the district court erred because the deviation between the text of the indictment and the jury charge neither affected the "core criminality" proven at trial nor modified an "essential element" of the crime, nor did it leave defendant open to be charged again for the same offense. The court agreed with the government's contentions and therefore reversed the district court's decision and remanded for further proceedings.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.