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UNITED STATES v. BANKS

Nos. 20-4172, 20-4173.

29 F.4th 168 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Omar Kareem BANKS, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Omar Kareem Banks, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 18, 2022.

Attorney(s) appearing for the Case

ARGUED: Paul Graham Beers , GLENN, FELDMAN, DARBY & GOODLATTE, Roanoke, Virginia, for Appellant. Jonathan Patrick Jones , OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee. ON BRIEF: Daniel P. Bubar , Acting United States Attorney, Anthony P. Giorno , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia for Appellee.

Affirmed by published opinion. Judge Quattlebaum wrote the opinion, in which Chief Judge Gregory and Judge Niemeyer joined.

Omar Kareem Banks, who was indicted for possession with intent to distribute 50 or more grams of methamphetamine, argues that the district court's jury instructions at his trial constructively amended his indictment by permitting the jury to convict on a basis not included in the indictment. Although he did not object...

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