United States v. Leon Combs

COOK, Circuit Judge.

Defendant-Appellant, Leon Combs, appeals his conviction on two counts of trafficking drugs with the involvement of a firearm and two counts of possession and distribution of drugs. We reverse Combs’s conviction on Count III, finding the indictment insufficient as failing to charge him with a criminal offense. As to his indictment on Count IV, we find it to have been impermissibly amended and thus also reverse his conviction on Count IV. We affirm Combs’s conviction on the remaining counts.

On January 25, 2001, a grand jury returned a five-count indictment against Combs. A…