United States v. Philip Milestone

OPINION OF THE COURT

WEIS, Circuit Judge.

One count of a federal indictment charged bribery to affect the acts of two officials, but at pretrial, the prosecution elected to prove conduct only as to one. The trial court permitted an alteration of the indictment to that effect. We conclude that the modification did not constitute an amendment to the indictment requiring grand jury approval. Accordingly, we reject the petitioner’s contention to the contrary and affirm a district court judgment denying a writ of habeas corpus.

Petitioner sought postconviction relief under 28 U.S.C. § 2255 from his…