First Circuit -- US v. Dellosantos

US v. Dellosantos 
US v. Szpyt 

Appellants argue insufficiency of the evidence, but Court holds instead that the evidence at trial prejudicially varied from the charges in the indictment .  The indictment charged that the two defts conspired to distribute cocaine and MJ - here, the Court holds that these were two separate conspiracies, and the disparity between the unitary conspiracy alleged and the double conspiracy proven is sufficient to vacate the convictions.

Concur/dissent - defts had sufficient awareness of the multiple plans to make it a single conspiracy.