of provides: (a) Whoever commits an offense against the United States or aids, abets, couns charge that a defendant’s actions fall within the ambit of § 2(b) to convict the defendant under that statute. See Evans v. United States, 240 F.2d 695, 695-96 (10th Cir.1957) (reasoning that, although the indictment did not expressly charge the defendant with causing the transport of the stolen automobile, “the Government must prove that the defendant transported or caused the automobile to be transported in interstate commerce” to sustain a conviction (footnote omitted)). Other circuits have similarly held or stated that the government may convict upon a § 2(b) theory even though it was not alleged in the indictment. See, e.g., United States v. Howick, 263 F.3d 1056, 1064 (9th Cir.2001) (<HOLDING>); United States v. Dodd, 43 F.3d 759, 762 n. 5
holding that the theory of intrauterine forces as a likely causation theory was properly admitted holding that the jury need not agree on the theory supporting the conviction if there is sufficient evidence to support either theory holding the failure of an indictment to expressly charge causing does not foreclose a subsequent conviction on a causation theory holding that failure of indictment to charge felony murder did not violate constitution when defendant had five days of actual notice of the prosecutions intent to rely on afelonymurder theory pri or to closing argument holding an indictment need not specifically charge  causing  in order to support a jury verdict