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U.S. v. LASLEY

No. 17-3749.

917 F.3d 661 (2019)

UNITED STATES of America Plaintiff-Appellee v. Orlando James LASLEY Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 27, 2019.

Attorney(s) appearing for the Case

Erin R. Eldridge , ATTORNEY GENERAL'S OFFICE, Saint Paul, MN, Steven A. Russell , Assistant U.S. Attorney, U.S. ATTORNEY'S OFFICE, Lincoln, NE, for Plaintiff-Appellee.

Orlando James Lasley, Herlong, CA, pro se.

Richard Haile McWilliams , Assistant Federal Public Defender, FEDERAL PUBLIC DEFENDER'S OFFICE, Omaha, NE, for Defendant-Appellant.

Before ERICKSON, BEAM, and GRASZ, Circuit Judges.

Orlando James Lasley appeals from his assault convictions, arguing that the district court erred by admitting certain evidence and by constructively amending the indictment through a supplemental jury instruction. We agree the jury instruction constructively amended the indictment, and therefore vacate Lasley's conviction and remand for a new...

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