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D. Mail Fraud - 18 U.S.C. 1341 1. U.S. vs. Miller, 105 S.Ct. LBIL (4-1-85)%* Miller appealed his conviction arguing that his Fifth Amendment right to a grand jury indictment was violated when he was tried under an indictment that alleged a certain fraudulent scheme, but was convicted based on trial proof that supported only a significantly narrower and more Limited, though included, fraudulent scheme. A unanimous Supreme Court held that as long as the crime and the elements thereof that sustain the conviction are fully and clearly set out in the indictment, the right to a grand jury indictment is not normally violated by the face that the indictment alleges additional crimes or other means of committing the crime, E. Assault on Person in Custody of the Mails - 18 U.S.C. Zii AS 1. Garcia v. U.S., 105 S.Ct. 479 (12-10-84) In a 6-3 decision, the S: e Court held that U.S.C. 2114, which proscribes assault or robbery of any custodian of “mail matter, or of any money or other property of the United States," applied to the conduct of petitioners who assaulted an undercover United States Secret Service Agent in an attempt to rob him of $1,800 of government "flash money" that the Agent was using to buy counterfeit currency from petitioners. The Court rejected Garcia”s contention that 18 U.S.C. 2114 is limited to crimes involving the Postal Service, Court hald rhart la F. Entry Onto Military Base ~ 18 U.8.C. 1382 1. U.S. v. Albertini, 105 S.Ct. 2897 (6-24-85) The Supreme Court held that 18 U.S.C. 1382, which makes ic unlawful for any person to reenter a military base after having been ordered not to do so by the commanding officer, applied to the conduct of the respondent who entered an Air Force base during an “open house,” contrary to the terms of a "bar letter" issued to him nine years earlier by the base commander. The Court refused to accept a lower court’s finding that Prosecutton under 18 U.S.C. 1382 violated respondents First Amendment rights merely hecausea resnondent was engaged in 2 Beet eaF wSelLatae aD pwicls wag ~~ oS SS peaceful demonstration at the time the provisions of the statute were enforced against him. G. Interstate Transportation of Stolen Property - 18 U.S.C, 2314 1. Dowling Va U.S.a, 105 §.Ct. 3127 (6-28-85)