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SMITH v. U.S.

No. 98-CF-880.

801 A.2d 958 (2002)

Alexander SMITH, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided June 27, 2002.

Attorney(s) appearing for the Case

Joseph A. Virgilio, Glendale, CA, appointed by the court, for appellant.

Mark J. Lesko, Assistant United States Attorney, with whom Wilma A. Lewis, United States Attorney at the time the brief was filed, and John R. Fisher, Mary Patrice Brown, and Jeffrey M. Beatrice, Assistant United States Attorneys, were on the brief, for appellee.

Before TERRY, STEADMAN and RUIZ, Associate Judges.

RUIZ, Associate Judge.

Alexander Smith's principal claim on appeal is that his conviction for aggravated assault should be reversed because the trial court's instruction to the jury constructively amended the indictment returned by the grand jury.1 We hold that plain error review applies to claims of deprivation of the Fifth Amendment right to indictment by a grand jury where the claim has not been preserved in the trial court. On the...

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