Howard v. Daggett

OPINION

Before BROWNING, ELY and GOODWIN, Circuit Judges. PER CURIAM:

Vernon Percy Howard appealed the denial of his petition under 28 U.S.C. § 2255 challenging alleged error in the instruction of the jury in his trial under *138918 U.S.C. § 1952 for interstate travel in aid of prostitution. The district court denied relief on the ground that the disputed instruction correctly stated the elements of an offense under 18 U.S.C. § 1952 and did not constitute an amendment of the indictment, but that in any event appellant had waived any objection to the instruction by not raising the issue on his…