United States v. Bastian, No. 13-1156 (2d Cir. 2014)Annotate this Case
Defendant appealed his conviction following a guilty plea to unlawful possession of a firearm, contending that the district court's acceptance of his plea based on the possession of a different weapon from the one identified by the grand jury constructively amended his indictment. Defendant also contended that the district court's failure to inform him of his rights under the Grand Jury Clause prevented him from entering a knowing and voluntary guilty plea. The court concluded that defendant failed to establish that his conviction on the basis of a different weapon plainly constituted a constructive amendment of his indictment, and therefore, the court affirmed the judgment of the district court.