Constructive Amendment To Indictment Requires Reversal Of Attempted Sex Trafficking Conviction

Court of Appeals , Ninth Circuit, constructive amendment

The U.S. Court of Appeals for the Ninth Circuit has reversed a defendant’s conviction for attempted sex trafficking after finding a constructive amendment to indictment had occurred during trial. Ricky Davis was charged with attempted sex trafficking, a violation of 18 U.S.C. 1591(a). The indictment alleged that Davis “… knowingly attempted to recruit, entice, harbor,…

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Ex Parte Communications By Judge With Jury Required Reversal Of Convictions

ex parte-communications

At Martin Bradley III’s trial for racketeering, mail fraud, wire fraud, and money laundering, the district court had two ex parte communications with the jury. Bradley’s defense lawyers did not become aware of notes until after his appeal. Bradley filed a 2255 motion arguing, in addition to other things, that the court had violated Rule…

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