United States v. Dove

Judge CHIN dissents in a separate opinion.

John M. Walker, Jr., Circuit Judge:

Defendant Steven Dove appeals his conviction and sentence entered in the United States District Court for the Eastern District of New York (Cogan, J .) following a jury trial conviction for conspiracy to distribute and possess with intent to distribute heroin and cocaine in violation of 21 U.S.C. §§ 841 (b)(1)(C) and 846. On appeal, Dove argues that (1) a constructive amendment of the indictment resulted from the district court's jury instructions and the evidence adduced at trial; (2) the trial evidence created a…