ROBINSON v. U.S.

No. 95-CF-758.

697 A.2d 787 (1997)

Royce R. ROBINSON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 29, 1997.


Attorney(s) appearing for the Case

Michael L. Spekter, appointed by the court, Washington, DC, for appellant.

Barbara J. Valliere, Assistant United States Attorney, with whom Eric H. Holder, Jr., United States Attorney, and John R. Fisher, Roy W. McLeese III, and Anjali Chaturvedi, Assistant United States Attorneys, were on the brief, for appellee.

Before SCHWELB, KING and RUIZ, Associate Judges.


SCHWELB, Associate Judge:

Royce R. Robinson was convicted by a jury of distribution of a controlled substance. On appeal, Robinson contends that his conviction must be reversed because, he claims, the judge constructively amended the indictment. Robinson bases this contention on the fact that the indictment specified that the controlled substance which he allegedly distributed was heroin, whereas the evidence at trial established that the drug was in fact cocaine...

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