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U.S. v. RUNNELS

No. 86-1923.

877 F.2d 481 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Frank RUNNELS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 13, 1989.

Attorney(s) appearing for the Case

William J. Weinstein, argued, Joel L. Hoffman, Southfield, Mich., for defendant-appellant.

Keith E. Corbett, Asst. U.S. Atty., argued, Detroit, Mich., for plaintiff-appellee.

Before ENGEL, Chief Judge, KEITH, MERRITT, KENNEDY, MARTIN, JONES, KRUPANSKY, WELLFORD, MILBURN, GUY, NELSON, RYAN, BOGGS and NORRIS, Circuit Judges, and EDWARDS and LIVELY, Senior Circuit Judges.

RALPH B. GUY, Jr., Circuit Judge.

The question presented to this en banc court is whether the decision in McNally v. United States, 483 U.S. 350, 107 S.Ct. 2875, 97 L.Ed.2d 292 (1987), requires us to reverse the mail fraud conviction of defendant, Frank Runnels. For the reasons set forth herein, we conclude that it does.

I.

On January 16, 1986, Frank Runnels was charged in a two-count indictment with a violation...

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