INGBER v. ENZOR

No. 87 Civ. 4693-CLB.

664 F.Supp. 814 (1987)

Brian INGBER, Petitioner, v. Lee ENZOR, Superintendent, FCI Danbury, Respondent.

United States District Court, S.D. New York.

July 15, 1987.


Attorney(s) appearing for the Case

Elkan Abramowitz, Todd Krouner, Obermaier, Morvillo, Abramowitz & Iason, New York City, for petitioner.

Michael Chertoff, Sp. Asst. U.S. Atty., Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., New York City, for respondent.


MEMORANDUM AND ORDER

BRIEANT, Chief Judge.

The Supreme Court decision in McNally v. United States, ___ U.S. ___, 107 S.Ct. 2875, 97 L.Ed.2d 292 (1987), requires that this Court reconsider, on this petition brought under 28 U.S.C. § 2255, the mail fraud convictions of Brian Ingber on Counts Five and Nine of the Indictment in this case. In McNally, the Supreme Court, after a decade of denials of certiorari in many cases decided to the contrary...

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