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U.S. v. OSSER

No. 87-1635.

864 F.2d 1056 (1988)

UNITED STATES of America v. Maurice S. OSSER, Appellant.

United States Court of Appeals, Third Circuit.

Decided December 29, 1988.

Rehearing and Rehearing Denied January 24, 1989.

Attorney(s) appearing for the Case

Jeremy T. Ross (argued), Neil E. Jokelson, Philadelphia, Pa., for appellant.

Frederick G. Herold (argued), Asst. U.S. Atty., Edward S.G. Dennis, Jr., U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief of Appeals, Philadelphia, Pa., for appellee.

Before GIBBONS, Chief Judge, BECKER and WEIS, Circuit Judges.

Rehearing and Rehearing In Banc Denied January 24, 1989.

OPINION OF THE COURT

WEIS, Circuit Judge.

Fifteen years after this petitioner was convicted of mail fraud, the Supreme Court held that the governing statute does not permit prosecution solely on the theory that a governmental official's wrongful conduct deprived the citizenry of his honest services. Petitioner then asked the district court to vacate his conviction in light of the Court's holding...

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