Robinson v. United States

SCHWELB, Associate Judge:

Royce R. Robinson was convicted by a jury of distribution of a controlled substance. On appeal, Robinson contends that his conviction must be reversed because, he claims, the judge constructively amended the indictment. Robinson bases this contention on the fact that the indictment specified that the controlled substance which he allegedly distributed was heroin, whereas the evidence at trial established that the drug was in fact cocaine.

Judge King and I are of the opinion that there was no constructive amendment, that Robinson was not prejudiced by any variance, and…