DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
172753P.pdf 03/29/2019 United States v. Ampelio Hernandez
U.S. Court of Appeals Case No: 17-2753
and No: 17-2754
and No: 17-2755
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Colloton, Author, with Gruender and Grasz, Circuit Judges]
Criminal case - Criminal law and sentencing. Where the indictment alleged
the conspiracy continued through on or about September 1, 2015, events
later in the month were within the scope of the alleged conspiracy and the
district court did not constructively amend the indictment by admitting
the evidence; evidence was sufficient to support defendants' convictions
for conspiracy to traffic in 500 grams of methamphetamine; evidence was
sufficient to support Hernandez's conviction for conspiracy to distribute
methamphetamine; evidence was sufficient to support convictions for
possession of firearms in furtherance of drug trafficking; challenge to
jury instructions on the charge rejected; improperly long sentences on
counts charging Social Security fraud were harmless error as the same
concurrent sentence of 151 months was properly imposed on the other ten
counts.