U.S. v. MADDEN

No. 11-14302.

733 F.3d 1314 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Lamar MADDEN, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 16, 2013.


Attorney(s) appearing for the Case

Karin Bethany Hoppmann , Lisset Gonzalez Hanewicz , Stacie B. Harris , Robert E. O'Neill , Josephine W. Thomas , U.S. Attorney's Office, Tampa, FL, for Plaintiff-Appellee.

Sharon Samek , Sharon Samek, Esq. , Tampa, FL, for Defendant-Appellant.

Before DUBINA, JORDAN and COX, Circuit Judges.


COX, Circuit Judge:

The principal issue we address in this appeal is this: By what standard do we review a district court's unobjected-to constructive amendment of a defendant's indictment? We hold that we apply plain-error review. Having concluded that the district court constructively amended Count 2 of Kenneth Lamar Madden's superseding indictment and that the amendment satisfies the plain-error standard, we reverse Madden's conviction on Count 2 and remand.

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases