Indicted for murder in the first degree, Charles Howard was found guilty of manslaughter. He was sentenced to imprisonment for from five to fifteen years and did not appeal. A year later, Howard moved to vacate sentence under 28 U.S.C. § 2255, and appeals from the District Court’s denial of his motion.

The trial judge-held the proof failed to how first degree murder and instruct *217 ed only on murder in the second degree and manslaughter. Howard says that in doing so the court amended the indictment; that if not found guilty of first degree murder, he should have been acquitted. Thus he seems to argue the court erred in not directing a verdict of acquittal instead of instructing on lesser included offenses.

The point is not well taken, even if it could be raised under § 2255.

Affirmed.