United States v. Lemack Bellot

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 22-10247

Plaintiff-Appellee, D.C. No. 3:19-cr- 00073-VC-7 v.

LEMACK BELLOT, AKA Lee, OPINION

Defendant-Appellant.

Appeal from the United States District Court for the Northern District of California Vince Chhabria, District Judge, Presiding

Submitted January 11, 2024 * San Francisco, California

Filed August 21, 2024

Before: Eugene E. Siler,** Richard R. Clifton, and Milan D. Smith, Jr., Circuit Judges.

Opinion by Judge Clifton

* The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). ** The Honorable Eugene E. Siler, United States Circuit Judge for the Sixth Circuit, sitting by designation. SUMMARY ***

Criminal Law

The panel affirmed Lemack Bellot’s conviction on two counts of attempting to aid and abet possession with the intent to distribute cocaine. Bellot argued that the indictment was constructively amended because the government initially proposed jury instructions consistent with the theory that Bellot aided and…