File
DOJ
Document DOJ-OGR-00021867
AI Analysis
Summary: The document discusses Maxwell's appeal of the District Court's denial of their motion claiming constructive amendment or prejudicial variance. The court reviews the denial de novo and affirms the District Court's decision, finding that Maxwell's arguments regarding constructive amendment and prejudicial variance are without merit. The court holds that the indictment contained the necessary elements of the offense charged and fairly informed Maxwell of the charges.
Significance: This document is potentially important as it relates to the appeal of a District Court's denial of a motion claiming constructive amendment or prejudicial variance, and provides insight into the court's interpretation of the Grand Jury Clause of the Fifth Amendment.
Key Topics:
Constructive Amendment
Prejudicial Variance
Grand Jury Clause of the Fifth Amendment
Key People:
- Maxwell - Appellant
- Dove - Precedent case defendant
- Khilupsky - Precedent case defendant