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INGBER v. ENZOR

Nos. 423, 670, Docket 87-2312, 87-2372.

841 F.2d 450 (1988)

Brian INGBER, Plaintiff-Appellant, Cross-Appellee, v. Lee ENZOR, Superintendent, FCI Danbury, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 1, 1988.

Attorney(s) appearing for the Case

Elkan Abramowitz, New York City (Todd J. Krouner, Obermaier, Morvillo, Abramowitz & Iason, P.C., New York City, of counsel), for plaintiff-appellant, cross-appellee.

Michael Chertoff, Sp. Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., Aaron R. Marcu, Asst. U.S. Atty., New York City, of counsel), for defendant-appellee, cross-appellant.

Before PIERCE, MINER and DAVIS, Circuit Judges.

MINER, Circuit Judge:

The United States District Court for the Southern District of New York (Brieant, Ch.J.) granted in part and denied in part Brian Ingber's motion for relief pursuant to 28 U.S.C. § 2255 and vacated one of his convictions for mail fraud in light of the Supreme Court's decision in McNally v. United States, ___ U.S. ___, 107 S.Ct. 2875, 97 L.Ed.2d 292 (1987). Ingber appeals from so much of the judgment as denied his request for relief...

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