United States v. Raymond Charles Shapiro

FAIRCHILD, Circuit Judge.

Defendant Shapiro, a prison inmate, was convicted by a jury of a violation of 18 U.S.C.A. § 876, entitled “Mailing threatening communications.” He was sentenced to a five-year term to run consecutively with the sentence he was already serving.

*682On appeal, defendant claims (1) that there is a fatal variance between the indictment and the proof, (2) that the trial court erred in admitting his confession into evidence, (3) that his being disciplined by prison authorities for virtually the same act for which he was convicted constituted cruel and unusual punishment, and (4)…