United States v. Moreno

I would hold that a “major change” occurred in this case within the meaning of RCM 603, Manual for Courts-Martial, United States, 1984. The original specification alleged a single overt act occurring before the conspiracy between appellant and Mr. Perez was formed. See United States v. Easom, 569 F.2d 457, 459 (8th Cir.1978); Harms v. United States, 272 F.2d 478, 482 (4th Cir.1959); Dahly v. United States, 50 F.2d 37, 42 (8th Cir.1931)(“it must be established that the conspiracy ... was existing at the time of the commission of the overt act or acts”); see also United States v. Johnson, 25 MJ…