United States Second Circuit

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US v. Bastian, 13‐1156‐cr

In this case, defendant plead guilty to unlawful possession of a firearm in connection with a drug trafficking offense in violation of 18 U.S.C. section 924(c)(1). Defendant argues upon appeal that the district court’s acceptance of his guilty plea on the basis of a different weapon from the one specified in his indictment constituted a constructive amendment in violation of the Grand Jury Clause, and that the failure to inform him of his rights rendered his guilty plea unknowing and involuntary. Conviction is affirmed, where defendant’s conviction under section 924(c)(1) on the basis of a different weapon did not constitute a constructive amendment of his indictment.

Appellate Information

  • Decided 10/29/2014
  • Published 10/29/2014

Judges

  • Lynch

Court

  • United States Second Circuit

Counsel