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U.S. v. LAWTON

No. 92-3194.

995 F.2d 290 (1993)

UNITED STATES of America, Appellee, v. Herman LAWTON, Jr., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 15, 1993.

Attorney(s) appearing for the Case

Stephen C. Leckar, Washington, DC (appointed by the court) argued the cause and filed the brief for appellant.

Peter V. Taylor, Asst. U.S. Atty., Washington, DC, argued the cause for appellee. With him on the brief were Jay B. Stephens, U.S. Atty. at the time the brief was filed, John R. Fisher, Roy W. McLeese, III, and Roger W. Burke, Jr., Asst. U.S. Attys., Washington, DC.

Before: WALD, HENDERSON, and RANDOLPH, Circuit Judges.

Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Through its jury instructions the district court impermissibly expanded the indictment. As a result the jury could have convicted the defendant for conduct not charged in the indictment and, in one respect, for conduct not criminal under the statute the defendant was charged with violating. Although the defendant did not object to the instructions on the grounds urged in this appeal...

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