(DOWNLOAD) "Constitutional Law - First Circuit Rules Constructive Amendment of Indictment Not a Structural Error - United States V. Brandao." by Suffolk University Law Review # Book PDF Kindle ePub Free
eBook details
- Title: Constitutional Law - First Circuit Rules Constructive Amendment of Indictment Not a Structural Error - United States V. Brandao.
- Author : Suffolk University Law Review
- Release Date : January 22, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 279 KB
Description
Courts employ plain-error analysis when reviewing unpreserved errors in a criminal trial, but apply harmless-error analysis for errors preserved through objection. (1) Although most constitutional errors are subject to harmless-error analysis, certain so-called structural errors are reversible per se. (2) In United States v. Brandao, (3) the United States Court of Appeals for the First Circuit considered whether the unpreserved error of a constructively amended indictment was per se reversible error or subject to plain error analysis. (4) Already the issue of a circuit split, the court joined with those circuits applying plain-error analysis, declined to recognize a constructive amendment as a structural error, and affirmed the conviction. (5) On March 17, 1999, Angelo Brandao arranged for the murder of Dinho Fernandes by pointing out the victim and providing the weapon to Manny Monteiro, the leader of the Stonehurst gang. (6) Five years later, a federal grand jury indicted Brandao on multiple counts of RICO, VICAR, and firearms violations based on his involvement with Stonehurst and the murder of Fernandes. (7) Count One of the indictment charged Brandao with conspiracy to murder Dinho Fernandes, and Count Thirty-Three of the indictment charged Brandao with the murder of Fernandes in order to increase or maintain his position within Stonehurst. (8) Although the indictment for Count One was for conspiracy to murder Fernandes, the jury convicted Brandao on the charge of substantive murder because the judge improperly instructed the jury. (9) Brandao first raised the issue of the constructively amended indictment in a post-conviction motion for acquittal. (10)
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