U.S. v. Natour

Federal 7th Circuit Court
Criminal Court
Case Number: 
No. 11-2577
Decision Date: 
November 9, 2012
Federal District: 
N.D. Ill., E. Div.
Record showed no violation of Grand Jury Clause of 5th Amendment with respect to defendant’s conviction on four counts of interstate transportation of stolen cell phones in violation of 18 USC section 2314, even though defendant argued that govt.’s evidence at trial constructively amended indictment to include additional offense conduct (i.e., transportation of items that had been “taken by fraud”) where language in indictment mentioned only transportation of items that had been “stolen.” Term “stolen” is broad enough to encompass fraudulent taking, such that there was no impermissible variance between evidence adduced at trial and language in indictment. Additionally, Dist. Ct. did not err in enhancing defendant’s sentence based on finding that defendant was person in business of receiving and selling stolen cell phones, even though defendant had legitimate business that included sales of cell phones.