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235

Amendment of Information

The court may permit an information to be amended at any time before verdict or finding if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced.

Leave of court is required for the prosecutor to amend. However, the court may also amend on its own motion. See United States v. Blanchard, 495 F.2d 1329 (1st Cir. 1974). See also United States v. Garrett, 984 F.2d 1402, 1415-16 (5th Cir. 1993).

[cited in Criminal Resource Manual 236]