WILL, Senior District Judge.
Defendant Jeffrey A. Spaeni was convicted by a jury of possession with intent to distribute cocaine, 21 U.S.C. § 841(a)(1), and conspiracy to possess with intent to distribute cocaine, 21 U.S.C. § 846. He appeals his conviction and sentence, claiming that the government constructively amended the indictment by presenting at trial evidence of alleged conspiratorial acts that occurred prior to the date charged in the indictment...
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