U.S. v. DORTCH

No. 10-14772.

696 F.3d 1104 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Cecil Anthony DORTCH, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

As Corrected September 12, 2012.


Attorney(s) appearing for the Case

Robert G. Davies , Tiffany H. Eggers , Thomas F. Kirwin , Pamela Adele Moine , Stephen P. Preisser , Lennard B. Register, III , Pensacola, FL, for Plaintiff-Appellee.

Michael Robert Ufferman , Michael Ufferman Law Firm, PA, Randolph Patterson Murrell , Fed. Pub. Def., Tallahassee, FL, for Defendant-Appellant.

Cecil Anthony Dortch, Atlanta, GA, pro se.

Before TJOFLAT and PRYOR, Circuit Judges, and HUCK, District Judge.


PRYOR, Circuit Judge:

The key issue in this appeal is whether the district court committed plain error by constructively amending an indictment that charged possession of two specific kinds of firearms, a Taurus .45 pistol and an Arminius revolver, by instructing the jury that it could find the defendant guilty of the charges if the government proved beyond a reasonable doubt that he possessed "a firearm." Cecil Anthony...

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