Michael Yarbrough appeals from a judgment entered on June 10, 2004 in the United States District Court for the Northern District of New York upon Yarbrough’s plea of guilty to possession and sale of one or more stolen firearms that had been transported in interstate commerce, in violation of 18 U.S.C. §§ 922(j) and 924(a)(2). Yarbrough was principally sentenced to thirty-eight months’ imprisonment, to be fo the evidence before the district court sufficiently established by a preponderance of the evidence that Yarbrough used marijuana before, during, and after the fall 2002 time frame of the charged period of possessing firearms. See Nevarez, 251 F.3d at 30 (<HOLDING>) Yarbrough had been convicted of possession of
holding that an allegation as to the time of the offense is not an essential element of the offense charged in the indictment and within reasonable time limits proof of any date before the return of the indictment and within the statute of limitations is sufficient holding that a defendants unlawful use of a controlled substance need not be simultaneous with the actual crime involving the firearm as long as it occurs during the time period charged as part of the indictment  citation omitted holdingthat an error in instructing the jury that an offense could be committed by a statutory method not charged in the indictment is cured where  the court provides the jury with the indictment and instructs jurors that the burden of proof rests upon the state to prove every material allegation of the indictment and every essential element of the crime charged beyond a reasonable doubt  citation omitted holding that an indictment is sufficient as long as it fully and clearly sets out the crime and the elements of the offense even if the evidence consists of proof of other means of committing the same crime holding that where the date of the offense is not an element of the charge  a variance between the indictment date and the proof at trial is not fatal so long as the acts charged were committed within the statute of limitations period and prior to the return date of the indictment