Public-domain · open source
OpenJurist

404 F.2d 609

Docket No. 25831.

Mitchell v. United States

Fifth Circuit Court of Appeals

Decided Dec. 5, 1968.

Fifth Circuit Court of Appeals · decided 1968-12-05

Cited by 5 later decisions — most recently February 1974

5 federal appellate ·

2 counsel of record

Applies 18 U.S.C. § 2312

Relies on United States v. Bender

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1968-12-05

View the full empirical analysis of this case →

¶1Sheldon M. Yavitz, Miami Beach, Fla., for appellant.

¶2William A. Meadows, Jr., U. S. Atty., Michael J. Osman, Robert Silverstein, Asst. U. S. Attys., by Neal R. Sonnett, Asst. U. S. Atty., Miami, Fla., for appel-lee.

¶3Before TUTTLE and AINSWORTH, Circuit Judges, and MITCHELL, District Judge.

¶4PER CURIAM:

¶5Appellant was convicted under the Dyer Act, 18 U.S.C. § 2312, and urges as grounds for reversal that the actual number of the license plate on the stolen vehicle was different from that furnished to him by the government in its bill of particulars. At the close of the government’s case, the trial judge granted leave to amend the bill of particulars to conform to the evidence.

¶6*610It is well settled that whether or not a bill of particulars should be amended is in the discretion of the trial court and will only be reversed upon a clear abuse of discretion. United States v. Bender, 218 F.2d 869, 874 (CA 7-1955).

¶7Appellant has failed to show any abuse of discretion upon the part of the trial court and, further, has failed to demonstrate any prejudice.

¶8The judgment of the district court is affirmed.

/404/f2d/609 · .json · Public domain