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UNITED STATES v. MILLER

No. 83-1750.

471 U.S. 130 (1985)

UNITED STATES v. MILLER

Supreme Court of United States.

Decided April 1, 1985

Attorney(s) appearing for the Case

Deputy Solicitor General Frey argued the cause for the United States. With him on the briefs were Solicitor General Lee, Assistant Attorney General Trott, Carolyn F. Corwin, and Vincent L. Gambale.

Jerrold M. Ladar, by appointment of the Court, 469 U.S. 1103, argued the cause and filed a brief for respondent.

JUSTICE MARSHALL delivered the opinion of the Court.

The issue presented is whether the Fifth Amendment's grand jury guarantee1 is violated when a defendant is tried under an indictment that alleges a certain fraudulent scheme but is convicted based on trial proof that supports only a significantly narrower and more limited, though included, fraudulent scheme.

A grand jury in the Northern District of California returned an indictment...

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