United States v. Jingles, No. 08-15634 (9th Cir. 2012)
Annotate this CaseDefendant appealed from the denial of his motion to set aside his convictions and sentences for two counts of possession with intent to distribute cocaine base under 28 U.S.C. 2255. At issue was whether the verdict forms in connection with counts twenty-one and twenty-two constructively amended the indictment in violation of defendant's Fifth Amendment rights, including whether defendant procedurally defaulted this issue. Because of the court's previous panel's rejection of defendant's constructive amendment claim did not work a manifest injustice, the court respected that decision as the law of the case. Accordingly, defendant's motion was properly denied.
The court issued a subsequent related opinion or order on November 19, 2012.
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