United States v. McDill

The Eighth Circuit reversed defendant's conviction of two violations of 36 C.F.R. 261.3(c), which prohibits threatening, intimidating, or intentionally interfering with any Forest officer. In this case, the citations charged defendant with harassment, which was not prohibited by section 261.3(c), and interference. Therefore, the verdict was permissible only if it rested on the theory that defendant intentionally interfered with the officers. The court held that the district court plainly erred by subjecting defendant to a constructive amendment that materially and substantially affected defendant's right to notice of the charges against him. In this case, sufficient evidence supported defendant's convictions on the grounds that he intimidated the officers. Because defendant was convicted of a crime for which he was not charged, and the conviction was supported by sufficient evidence, the court reversed and remanded for further proceedings. View "United States v. McDill" on Justia Law