VESPUCCI
v.
NEW YORK

U.S. | 1982-10-12
No. 82-5354
459 U.S. 915 Supreme Court of the United States (1982) Positive Treatment
Cited by 1 case

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  • United States v. Hathaway, 798 F.2d 902 (6th Cir. 1986)
    …ederal Practice and Procedure § 516, at 26 (2d ed. 1982), it has been considered significant. In dicta we have repeatedly stated that “amendments are deemed prejudicial per se.” United States v. Burkhart, 682 F. 2d 589, 591 (6th Cir.), cert. denied, 459 U.S. 915, 103 S.Ct. 228, 74 L.Ed.2d 181 (1982); see also Beeler, 587 F. 2d at 342 (where although prejudice was clearly present, we noted the per se rule).5 Variances, on the [*911] other hand, will not result in reversal unless “substantial rights” of a def…

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