Legal Opinion
United States v. Kenneth Lamar Madden
Court of Appeals for the Eleventh Circuit
Decided August 16, 2013No. 11-14302PublishedCited by 105 opinions
1Opinion of the Court
COX, Circuit Judge:
The principal issue we address in this appeal is this: By what standard do we review a district court’s unobjected-to constructive amendment of a defendant’s indictment? We hold that we apply plain-error review. Having concluded that the district court constructively amended Count 2 of Kenneth Lamar Madden’s superseding indictment and that the amendment satisfies the plain-error standard, we reverse Madden’s conviction on Count 2 and remand.
I. FACTS & PROCEDURAL HISTORY
In December 2010, Madden was arrested after participating in a scheme to rob a drug stash house. A federal…
2Cases cited35 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- United States v. OlanoSupreme Court of the United States · 1993
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- United States v. YoungSupreme Court of the United States · 1985
- Stirone v. United StatesSupreme Court of the United States · 1960
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3Cited by105 opinions
- United States v. Nathaniel Holt, Jr.Court of Appeals for the Eleventh Circuit · 2015
- United States v. Devan PiersonCourt of Appeals for the Seventh Circuit · 2019
- CSX Transportation, Inc. v. General Mills, Inc.Court of Appeals for the Eleventh Circuit · 2017
- United States v. BastianCourt of Appeals for the Second Circuit · 2014
- United States v. Lourdes Margarita GarciaCourt of Appeals for the Eleventh Circuit · 2018
100 more not listed; retrieve them via the Exa API.