United States v. Darrell I. Lowe

FLAUM, Circuit Judge.

A grand jury indicted Darrell Lowe for being a convicted felon in possession of a firearm which had traveled in interstate commerce. 18 U.S.C. § 922(g). The one-count indictment also alleged that Lowe had three previous state court convictions for violent felonies in violation of 18 U.S.C. § 924(e). Lowe appeals his subsequent conviction after a jury trial, claiming that the indictment failed to charge an offense under § 922(g). He also argues that the indictment was constructively amended by the jury instructions which impermissibly broadened the original charge. For the…