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U.S. v. ITALIANO

No. 87-3201.

837 F.2d 1480 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Nelson ITALIANO, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 22, 1988.

Attorney(s) appearing for the Case

John R. Lawson, Jr., Richard W. Reeves, Stephen O. Decker, Lawson, McWhirter, Grandoff & Reeves, Tampa, Fla., for defendant-appellant.

Robert W. Merkle, U.S. Atty., David H. Runyan, Terry A. Zitek, Asst. U.S. Attys., Tampa, Fla., for plaintiff-appellee.

Before VANCE and HATCHETT, Circuit Judges, and OWENS, Chief District Judge.

HATCHETT, Circuit Judge:

In this criminal appeal, we are called upon to determine whether the Supreme Court's recent interpretation of the federal mail fraud statute in McNally v. United States, 483 U.S. 350, 107 S.Ct. 2875, 97 L.Ed.2d 292 (1987) is applicable in a slightly different factual scenario. Holding that McNally applies, we vacate the conviction and judgment.

FACTS

Appellant, Nelson A. Italiano...

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