Whether Mr. Wilmore's right to be tried on charges accepted by a grand jury, and Mr. Wilmore's right to effective assistance of counsel, were violated, when the government was allowed to prove an essential element of wire fraud 18 U.S.C. 1343 at trial, with facts not alleged in the indictment, which thereby impermissibly constructively amended the indictment, in violation of the grand jury clause of the Fifth Amendment?

QUESTION(S) PRESENTED a) WHETHER, MR. WILMORE'S RIGHT TO BE TRIED ON CHARGES ACCEPTED BY A GRAND JURY, AND MR. WILMORE'S RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL, WERE VIOLATED, WHEN THE GOVERNMENT WAS ALLOWED TO PROVE AN ESSENTIAL ELEMENT OF WIRE FRAUD 18 U.S.C. 1343 AT TRIAL, WITH FACTS NOT ALLEGED IN THE INDICTMENT, WHICH THEREBY IMPERMISSIBLY CONSTRUCTIVELY AMENDED THE INDICTMENT, IN VIOLATION OF THE GRAND JURY CLAUSE OF THE “FIFTH AMENDMENT"? f i Herve Wilmore, Jr. v. United States Case No.