A federal jury convicted Kenneth Lamar Madden of conspiring to possess cocaine, possessing a firearm in relation to a crime of violence or drug-trafficking crime, and possessing cocaine. The indictment charged Count 2 in the alternative, but the district court instructed the jury that Madden could be convicted for carrying a firearm during and in relation to a drug-trafficking offense—a basis broader than the indictment’s language. Madden did not object to the instruction. The Eleventh Circuit held that the instruction constructively amended the indictment in violation of the Fifth Amendment because it exposed him to conviction for an uncharged theory. The court also held, however, that an unobjected-to constructive amendment is reviewed under the four-part plain-error standard in United States v. Olano, rather than reversed automatically. The error was plain, likely affected Madden’s substantial rights because the record could not establish which theory the jury adopted, and seriously threatened the fairness and integrity of the proceeding. The court therefore exercised its discretion to reverse the Count 2 conviction. It affirmed Madden’s conspiracy and lesser-included cocaine convictions and remanded for further proceedings. The opinion resolved a conflict in Eleventh Circuit precedent by recognizing that Olano had undermined the older rule treating every unobjected-to constructive amendment as per se reversible.