court filing: Case 1:20-cr-00830-PAE Document 178 Filed 03/27/22 Page 26 of 26

The court rules that there was no constructive amendment in the defendant's trial, as the jury instructions, evidence, and government's summation captured the 'core of criminality' of the offense. The court agrees with the District Court's handling of a jury note and its direction to the jury. The decision relies on precedent from the Second Circuit Court of Appeals.