Peter J. Porcaro v. United States

Petitioner, convicted of mail fraud, appeals from the order dismissing his § 2255 petition without a hearing, 588 F.Supp. 1366. We deal with each of petitioner’s contentions in the order presented in the petition and affidavit. We do not consider the supplemental allegations petitioner has included in his appellate brief, but rather restrict our review to the record. Glaros v. Perse, 628 F.2d 679, 681 (1st Cir.1980).

Ground 1: Variance between indictment, proof and charge

Petitioner contends that the indictment was in effect impermissibly amended to conform to the proof in that the indictment…