United States v. Dove, No. 14-1150 (2d Cir. 2018)Annotate this Case
The Second Circuit affirmed defendant's conviction and sentence for conspiracy to distribute and possess with intent to distribute heroin and cocaine. The court held that although the evidence demonstrated that defendant was a relatively minor participant, neither the jury instructions nor the evidence resulted in a constructive amendment of the indictment; any variance from the indictment that occurred did not affect defendant's substantial rights and therefore was not prejudicial; and defendant's remaining arguments were without merit.